PANDANGAN HAKIM TERHADAP GUGATAN YANG DI AJUKAN SUAMI DAN ISTRI SECARA BERSAMAAN (STUDI KASUS PENGADILAN AGAMA MEDAN KELAS IA)

Abstract

BSTRACT Name: Lianti Diarafena Pasi, NPM: 71190212004, Title: THE GUDGE’S VIEW OF THE LAWSUIT FILED BY HUSBAND AND WIFE SIMULTANEOUSLY (CLASS IA FIELD RELIGIOUS COURT CASE STUDY) Lawsuits are demands for right (Burgerlijk Vordering), namely actions aimed at obtaining protection of rights granted by the court to prevent eigenrichting (acts of vigilante) humans are created inseparable from problems whose resolution is carried out by deliberation or by taking legal channels. Every legal dispute has at least two disputing parties, the plaintiff and the defendant. Claim cases have disputes or conflict that must be resolved and must be decided by the court. Both parties filed a lawsuit, meaning that both parties are both dependanst, bearing in mind that in procedural law there must be two related parties, namely the defendant and the plaintiff. The problem in this thesis is how the judge views againts a lawsuit filed by husband and wife simultaneously and on what basis the judge’s consideration of the lawsuit file by the husband and wife jointly together. This study aims to find out the views of court judges Religion Class IA Medan related to the lawsuit filed by the husband and wife simultaneously and to find out what the legal basic for consideration is judge againts a lawsuit filed by husband and wife simultaneously. This research was conducted descriptively, namely to provide an overview carefully regarding everything related to the views of the judge againts a lawsuit filed by husband and wife together. Thinking method used in this analysis is the inductive method. Based on the results of the research, it can be concluded that the judge’s view of the lawsuit filed by the husband and wife simultaneously, namely the lawsuit filed with the same case and party, then both parties connot file both lawsuit. In this case one of the lawsuit must be with drawn and it is recommended to file a counterclaim. The basis for the judges’s consideration in granting the husband and wife’s lawsuit at the same time is based on the principles contained in the civil procedural law which are contrary to the principles of simple, fast and low cost.