ANALISIS YURIDIS PUTUSAN PENGADILAN AGAMA KISARAN NOMOR 2105/PDT.G/2020/PA.KIS TENTANG PERCERAIAN PEGAWAI NEGERI SIPIL BELUM MENDAPATKAN IZIN CERAI DARI ATASAN

Abstract

Civil servants who wish to obtain a divorce must obtain permission from their superior, as stipulated in Article
3 Paragraph (1) of the Government Regulation concerning Marriage and Divorce Permits for Civil Servants.
If the civil servant has not obtained permission for divorce from their superior, the Panel of Judges must apply
the policy issued by the Supreme Court, namely Circular Letter No. 5 of 1984. This is implemented in Decision
Number 2105/Pdt.G/2020/PA.Kis. The Panel of Judges at the Kisaran Religious Court granted the divorce even though
the Petitioner, a civil servant who had not obtained permission for divorce from her superior and did not comply
with point 4 of Circular Letter No. 5 of 1984. Therefore, the author disagrees with the Panel of Judges' decision.