Journal articles on the topic 'Divorce Indonesia'
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1
PUSPITASARI, Devi, Jatie K. PUDJIBUDOJO, and Hartanti HARTANTI. "Decision Making on Divorce for Javanese Women in Indonesia." International Journal of Environmental, Sustainability, and Social Science 3, no. 3 (November 30, 2022): 702–12. http://dx.doi.org/10.38142/ijesss.v3i3.276.
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Javanese society has a philosophy of life that emphasizes harmony, harmony, and acceptance (nrimo) for everything that happens. Javanese marriage firmly places the role of women as the husband's konco wingking responsible for marital harmony, so if there is a conflict or divorce, the woman or wife becomes a party who is seen as negative because they are considered unable to serve their husbands. The divorce rate among Javanese women always increases and is two times higher than that of men (talak). The purpose of this study is to explain the process of making divorce decisions for Javanese women. This study uses an interpretive phenomenological qualitative method with in-depth interview data collection techniques. The technical analysis used is Interpretative Phenomenological Analysis (IPA). The study was conducted on three Javanese women divorced from their husbands. The criteria for the participants are Javanese women who have filed for divorce and have been divorced a maximum of six months before the interview, have children and are employed. The research locations are Kediri and Madiun. The location in the area is chosen because it has a strong Javanese culture. The results showed that the divorce decision-making process for Javanese women was complicated because of the stigma of being a widow. The decision-making process for divorce in Javanese women is influenced by eight factors: children, physical and emotional impacts, friendships and good memories, commitment to marriage, finances, support from friends and family, religiosity and Javanese expectations and ethics.
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Anggana, Adrian Kevianta, Aviliani Aviliani, Patron Natadjaya Ramadhanu Badrudin, and Estro Dariatno Sihaloho. "Marital Status and Its Effect on Depression in Indonesia: A Case Study of the 2014 Indonesian Family Life Survey." Disease Prevention and Public Health Journal 16, no. 2 (August 19, 2022): 93–99. http://dx.doi.org/10.12928/dpphj.v16i2.5337.
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Background: Depression is a mental health disorder that makes the sufferer unmotivated and unproductive. This is caused by some factors such as loneliness, perfectionism, and marital status. Riset Kesehatan Dasar (Riskesdas) in 2018 shows that 6.1 percent of the population aged 15 and above in Indonesia experienced depression. Therefore, this study aims to see how marital status affects depression in Indonesia. Method: This study uses logistic regression, marginal effect, and the Rasch model using data from the Indonesian Family Life Surveys (IFLS) in 2014/2015. Result: Analyses showed that married observations have a lower prevalence of depression compared to those who are not married, divorced, or widowed. Conclusion: Therefore, an increase in divorce cases will increase the prevalence of depression in Indonesia. More effort in educating marriage to young couples is needed to reduce the number of divorces in Indonesia.
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Martian Permana, Indra. "Jihad Marriage for ISIS Women in Indonesia." Islam Universalia: International Journal of Islamic Studies and Social Sciences 1, no. 2 (September 29, 2019): 213–29. http://dx.doi.org/10.56613/islam-universalia.v1i2.125.
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Terrorism in Islam is a legacy of the khawarij ideology that disbelieved and fought with Ali bi Abi Talib RA and the Muslims at that time. Khawarij's ideology then became a terrorism movement in various countries including Indonesia. In 2014, ISIS declared in Syria brought the concept of khawarij with the thought of ghuluw fii takfir which disbelieved anyone who did not support and join the struggle of ISIS. The social impact of ISIS in Indonesia on divorce and marriage caused by ISIS women has the idea of ghuluw fii takfir then disbelieves and divorces her husband who does not join ISIS and then remarries ISIS supporters. Marriage conducted by ISIS women is deformed by Shari'a because it does not involve a marriage guardian. Marriage in Islam is a sacred and holy matter. Islam regulates the rules of marriage so that the function of Maqosid Asy Sharia, namely the maintenance of offspring can be maintained, while for cases of marriage and divorce involving ISIS, there are many things that Islamic rules violate the provisions of the Shari'a. The research method was taken by studying literature and then interviewing various sources. ISIS marriages and divorce studies become studies related to Sharia irregularities in divorce and marriage issues for ISIS women in Indonesia.
DOI: https://doi.org/10.5281/zenodo.3467631
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Saraswati, Rika, Emanuel Boputra, and Yuni Kusniati. "PEMENUHAN HAK ANAK DI INDONESIA MELALUI PERENCANAAN PENGASUHAN, PENGASUHAN TUNGGAL DAN PENGASUHAN BERSAMA." Veritas et Justitia 7, no. 1 (June 28, 2021): 188–210. http://dx.doi.org/10.25123/vej.v7i1.4066.
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In many countries, joint custody has replaced and is considered better than sole custody. It is also deemed more in line with the gender equality principle which demands both parents to share responsibility for the custody and care of the child post-divorce. This article discusses how judges in divorce cases decide on child custody, and the extent to which they consider the merits of joint or sole custody and demand divorcees to consider making a parenting plan in the best interest of their children. Qualitative data is collected from the District Court and Religious Court at Semarang and by analysing 4 court decisions regarding child custody. Interestingly, none of the Courts above possess or implements a policy or have some procedural ruling obligating judges in divorce cases to demand parents to consider joint custody or making a parenting plan post-divorce. Obligatory pre-trial mediation is geared more as a procedural-formalistic attempt to dissuade parties to continue with divorce.
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Putri, Merlin, and Shafra Shafra. "People's Understanding of the Off-Court Talak (Case Study in Nagari Koto Tuo, IV Nagari District, the Sijunjung Regency)." FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman 7, no. 1 (July 1, 2021): 99–118. http://dx.doi.org/10.24952/fitrah.v7i1.3374.
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This study describes the understanding of the people of Nagari Koto Tuo, IV Nagari District, The Sijunjung Regency about divorce (talak) outside the Religious Court. Ideally, with the enactment of Law No. I of 1974 on marriage, talak should be decided in the Religious Court. However, this ideal procedure does not apply effectively in Nagari Kuto Tuo. Although the local settlement is not distant to the local Religious Court and the access for transportation is easy, many husbands recklessly decide to divorce their wives at home during the dispute between them without registering their lawsuits to the court. The purpose of this study is to lower the off-court divorce rate and raise legal awareness of the public about the importance of following the prevailing regulation regarding divorce in Indonesia. This is important because divorces decided without statutory procedures have adverse impacts, especially for women and children. This study uses a qualitative approach, with the divorced wives being the subject of the study. The data collection techniques include observation, interviews and documentation. Data validity techniques follow the triangulation method, whereas data analysis is performed through the following steps: data collection, data reduction, data presentation and conclusion drawing. This study found that the understanding of the people in Nagari Koto Tou about divorce is shaped by classical Islamic jurisprudence (fiqh) that posits husband to have the absolute right to divorce. With this absolute right, husbands can decide to divorce their wives whenever and wherever they want without being bothered to consider registering it formally to the local Religious Court. The divorced wives are left in despair without any power to defend her right. This provision on divorce is considered indisputable let alone contested. As a consequence, this off-court divorce generally leaves women traumatized, making many of them unwilling to get another marriage. This trauma partly contributes to the number of off-court marriages, for they do not see its importance. Legal certainty obtained from the court's verdict of divorce as recorded by the divorce certificate is deemed unnecessary, for they would not remarry in the future
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Maulida, Fadhilatul, and Busyro Busyro. "NAFKAH IDDAH AKIBAT TALAK BA`IN DALAM PERSPEKTIF KEADILAN GENDER (Analisis Terhadap Hukum Perkawinan Indonesia)." ALHURRIYAH: Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) 3, no. 2 (December 26, 2018): 113. http://dx.doi.org/10.30983/alhurriyah.v3i2.720.
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<p><em>Iddah is one of the obligations for a wife who is divorced by her husband, whether divorce is caused by divorce from a husband or because of a wife's lawsuit to the court (khulu '). While undergoing iddah, the wife has the right to obtain housing and living facilities, as is the case in raj'i talak. On the other hand, in the Talak Ba'in, the Islamic marriage law in Indonesia does not provide an opportunity for the wife to earn a living even though she has to undergo the same obligation, namely undergoing iddah and living in her husband's house. This is certainly not in line with gender justice that carries the equality of men and women in this life. Judging from the thoughts of the ulema of the school of thought, actually the legal thinking of Imam Abu Hanifah had first argued to give the wife the right to earn a living in divorce even though the divorce was in the form of divorce. It seems that Imam Abu Hanifah's opinion should be considered in the renewal of Islamic marriage law in Indonesia, especially in realizing justice to the women in their marriage and divorce.</em></p>
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Jones, Gavin W. "Divorce in Malaysia: Historical Trends and Contemporary Issues." Jurnal Institutions and Economies 13, no. 4 (October 1, 2021): 35–60. http://dx.doi.org/10.22452/ijie.vol13no4.2.
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Divorce rates in Malaysia have risen substantially in the first two decades of the 21st century. The main upsurge was between 2007 and 2010, after which the rates levelled off. The Muslim divorce rate remains at a level more than double that of non-Muslims, though the trends in divorce have moved in the same direction for both groups. East Malaysia has its own patterns. Muslim divorce rates in Sabah are only half those in Peninsular Malaysia, as are non-Muslim divorce rates in both Sabah and Sarawak. Although information is not available for Malaysia about the proportion of Muslim divorces initiated by wives, for both Indonesia and Singapore, more than two thirds of Muslim divorces are initiated by the wife. Clearly, many similar forces are influencing divorce for both Muslims and non-Muslims in the predominantly urban populations of these three countries. “Modern divorce” is related to the pressures of urban living; pressures of balancing work responsibilities and household arrangements when both partners are working; decreasing tolerance for remaining in an unsatisfactory marriage; and increasing community acceptance of divorce in such circumstances. As similar pressures have been experienced by both Muslim and non-Muslim populations, the tendency for Muslim and non-Muslim divorce rates in Malaysia to move in parallel directions is not surprising.
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Setyawan, Angga. "Determinan Variabel Demografi Terhadap Cerai Hidup Wanita Di Pulau Sumatera: Survei Demografi Dan Kesehatan Indonesia 2017." SOSIO DIALEKTIKA 6, no. 1 (June 28, 2021): 23. http://dx.doi.org/10.31942/sd.v6i1.4583.
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The purpose of this study was to analyze the demographic variables that affect the probability (chance) of divorce for women on the island of Sumatra. This research is a quantitative analysis, using secondary data from the 2017 Indonesian Demographic and Health Survey (IDHS) with logistic regression analysis method. The results showed that three variables that significantly influence the high and low chance of divorce for women are wife's education, number of children and wife's occupation. The wife's education has a significant effect on the chance of a woman's divorce, with the wife's education coefficient is positive, which means that the lower the wife's education, the higher the chance for a wife to be divorced. The coefficient value of the number of children is positive, which means that the fewer children (
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Latifah, Luluk, and Iskandar Ritonga. "DIFFERENCE OF DIVORCE DETERMINATION IN INDONESIA: A STUDY SYSTEMATIC LITERATURE REVIEW." Jurnal Biometrika dan Kependudukan 11, no. 02 (November 1, 2022): 223–35. http://dx.doi.org/10.20473/jbk.v11i02.2022.223-235.
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The divorce rate is getting more and more concerning. The number of divorce rate shows a significant increase both nationally and regionally in Indonesia. During 2019, there were 480,618 divorce cases. This divorce rate increased by 18% compared to the previous year which amounted to 408,202 cases. This paper aims to determine the determinants of divorce in Indonesia, using a Systematic Literature Review of 20 journals published by indexed publishers. The results based on the mapping state that the differentiation of the determinants of divorce in Indonesia very much depends on each region. However, all of them can be mapped into 16 factors that cause divorce, namely: economic factors, responsibility, continuous quarrels, harmony, infidelity, domestic violence, jealousy, leaving a partner, forced marriage, apostasy/leaving Islam, drunkenness and gambling, obstructed communication, interference/third party intervention, incompatibility, unhealthy polygamy, and moral crisis. The conclusion of this study is that the strongest determinant of divorce in Indonesia in each region is the economic factor. Economic factors are the strongest factor causing divorce, because the cause of divorce in almost all areas with the highest frequency and the highest percentage is also compared to other causes of divorce.
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Toni, Agus. "Aktualisasi Hukum Perceraian Perspektif Pengadilan Agama di Indonesia." MAQASHID Jurnal Hukum Islam 1, no. 2 (September 21, 2018): 34–63. http://dx.doi.org/10.35897/maqashid.v1i2.130.
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Islamic law must be understood more broadly in the context of statehood and nationality with all the differences in cultural, sociological and geographical types. This is a form of actualizing the values of Islamic teachings so that they can be accepted by humans as a whole. Maintain the sustainability of Islam itself and take greater benefit.
As in Indonesia, with a different context from the east in various aspects such as geography, culture and social psychology of society, demanding that Islamic law be taught must have an elasticity value by leaving a form of inductive and conservative thinking structure. With a historical and philosophical understanding of Islamic law, it will bring progressive changes to the accommodative Islamic law by lokal people without going through opposition and rejection.
Therefore, Indonesia has codified Indonesian-style Islamic law in the form of the Compilation of Islamic Law (KHI) and Law No. 1 of 1974, which are also used by the Religious Courts to decide cases including divorce. Especially if there is a movement to conduct an extension to the community and socialization of Islamic law products that are updated in Indonesia, it will certainly reduce the level of misunderstanding of the community towards divorce status. So that the classical Islamic law products that have been rooted at the level of society about when divorce is legitimate until in what context the divorce is rationally accepted and what constitutes strong constitutional evidence of divorce has been fulfilled by the rules of the Compilation of Islamic Law (KHI).
Keywords: divorce, law, Islam, Indonesia
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Heaton, Tim, and Mark Cammack. "Explaining the Recent Upturn in Divorce in Indonesia: Developmental Idealism and the Effect of Political Change." Asian Journal of Social Science 39, no. 6 (2011): 776–96. http://dx.doi.org/10.1163/156853111x619229.
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Abstract Divorce trends in Indonesia during the latter half of the 20th century provide an interesting contrast to Western societies. While the social forces associated with modernisation resulted in a dramatic rise in divorce in Western societies, the process of modernisation produced an equally dramatic decline in divorce in Indonesia. Recent evidence, however, suggests that the divorce trends have reversed direction in Indonesia, and the divorce rate has begun to rise. The purpose of this paper is to present both statistical evidence of a possible rise in divorce and qualitative evidence of possible changes in reasons for divorce. The statistical evidence is based on five rounds of the Indonesia Demographic and Health Surveys conducted between 1987 and 2007. Qualitative evidence comes from interviews with marriage registrars, court officials, and other informed community members.
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Munthe, Masniari, and Heri Firmansyah. "Tittle Analisis Penyebab Meningkatnya Angka Perkara Cerai Gugat Tahun 2020-2022 di Pengadilan Agama Medan Kelas IA." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 4, no. 2 (December 27, 2022): 679–90. http://dx.doi.org/10.37680/almanhaj.v4i2.2198.
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Lately, it has been alleged that divorce cases in Indonesia have dominated divorce suits have been filed by the wives. Similar incidents were seen in Medan City, North Sumatra, by taking the Medan Religious Court Class I A sample. Data from the Medan Religious Court, the number of divorces reaches two thousand five hundred cases per year. If you look at the principles of the Marriage Law which complicate divorce, it seems contradictory, and even divorces continue to increase to this day. Against the background of the problems above, this study aims to determine the factors causing the increase in the number of divorce cases being sued in 2020-2022 at the Medan Religious Court. The author uses quantitative empirical legal research methods, namely procedures through data analysis based on statistics in the form of written and oral statements from the field. The conclusion of this study is that due to the weak family economy supported by social changes during the Covid-19 pandemic, many husbands are victims of mass layoffs, unable to meet family needs and are not responsible for supporting their families. wife and child. So there are always constant fights that lead to divorce. Then today's wives are more independent and understand their rights better as wives, access to information about divorce procedures is very easy to find through Google or LBH. So that the wife is certain to take steps to divorce her husband at the Medan Religious Court.
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Arafah, M., Qadir Gassing, Rahmatiah HL, and Nasruddin Khalil Hrp. "The Domination of Divorce by Litigation Cases; Factors and Implications (a Case Study of Parepare Religious Court Class IB)." FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman 7, no. 2 (December 14, 2021): 311–28. http://dx.doi.org/10.24952/fitrah.v7i2.4454.
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Divorce is a phenomenon of family division involving husband and wife with an increasing percentage in Indonesia. The increase in divorce cases in court is due to the insistence on divorce by litigation and divorce by talaq as the main initiative of husband and wife at the Parepare Religious Court. In order to discuss these issues, the data was collected using a field research (qualitative descriptive) system, so that the results showed that divorce cases from 2019-2020 showed that divorce by litigation was more dominant than divorce by talaq at the Parepare Religious Courts Class 1B. The presentation of the increasing number of divorces by litigation indicated that the wives were dissatisfied with the duties and obligations of their husbands in their marital life. Meanwhile, the factors that influenced divorce by litigation at the Parepare Religious Court consisted of 13 factors, namely third parties, drunkenness, mandates, gambling, leaving one party, imprisoned, polygamy, Domestic Violence (DV), disability, disputes or quarrels continuously, forced marriage, apostasy, and economics. In reality, economic problems, leaving one party and disputes or quarrels continuously were the highest causes in the 2019-2020 timeframe. As a result, divorce cases affected the children's psychology and the disharmony of each party
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Fajri, Muhamad, and Muhammad Silahuddin. "TINJAUAN UNDANG-UNDANG DALAM PERCERAIAN DI LUAR PENGADILAN AGAMA." An Nawawi 2, no. 1 (April 1, 2022): 1–12. http://dx.doi.org/10.55252/annawawi.v2i1.16.
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This study aims to explain the phenomenon of divorce outside the court according to Law Number 1 of 1974 concerning Marriage. In the context of positive law in Indonesia, the divorce procedure is regulated in a registered process. To avoid negative impacts, the Indonesian government issued a regulation that divorce can only be carried out in front of a court session. This research uses a qualitative phenomenological type of research with a case study approach and library research by conducting an assessment of the laws and regulations, books, and fiqh books related to the title of this thesis. The primary data in this study is qualitative data obtained through interviews and observations. The findings of the study indicate that the factors causing divorce outside the religious court in Rancagong Village, Legok District, are habits that often consider complicated procedures and stages in the divorce process at the Religious Courts, the unaffordable cost of the religious court process, the assumption that only the word divorce is legally binding. there is a direct legality of divorce according to religion (customary law), and the lack of information on the importance of a law in population status in Indonesia
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Sari, Yunita. "MEMBANGUN KOMUNIKASI INTIM PASANGAN MUSLIM NIKAH MUDA DALAM PENDEKATAN PSIKOLOGI PERKEMBANGAN DAN AGAMA." Psympathic : Jurnal Ilmiah Psikologi 1, no. 1 (February 26, 2018): 17–32. http://dx.doi.org/10.15575/psy.v1i1.2115.
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Marriage in young people becomes popular among moslem in Indonesian. Unfortunately, the statistic of divorce is also increases every year. Divorce much happen among couples at the first five years of marriage. Communication is the major cause of the divorce. Developmental Psychology approach assumes that couple can built healthy communication with full of affection through confirmation, self disclosure and sexual communication. Furthermore, Islam suggests the moslem to take Rasulullah (prophet Muhammad Saw.) as their model in the ways of his communication among his family members. The two perspectives can be developed as intervention technique to reduce the statistic of divorce in Indonesia.
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Hidayat, Ilham, Yaswirman Yaswirman, and Mardenis Mardenis. "Problems Arising from Talak Divorce Outside the Court." International Journal of Multicultural and Multireligious Understanding 6, no. 10 (July 23, 2019): 138. http://dx.doi.org/10.18415/ijmmu.v6i10.919.
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The birth of the Marriage Law No. 1 of 1974, especially the breakup of marriage has led to the dualism of Islamic law in Indonesia. Regarding Divorce on the one hand, Muslims are taught in Islamic fiqh that Divorce is the right of a husband, where if a wife is mentally ill even without a witness, then the divorce falls, while the marriage law in Indonesia, including the Islamic ummah, is specifically regulated in the Law Compilation Islam, determines that divorce can only be done before a religious court after going through a trial. Moreover, two Islamic organizations in Indonesia, namely Muhammadyah and Nahdlatul Ulama have different opinions. On the one hand, NU in the 28th Congress in Yogyakarta in 1989 gave a legal decision that Divorce was the husband's prerogative which could be dropped anytime and anywhere even without reason. If the husband has dropped divorce outside the Religious Court, then the divorce is valid. While the Majlis Tarjih Muhammadiyah in his fatwa that was tried on Friday, 8 Jumadal Ula 1428 H / 25 May 2007 M gave a ruling that divorce must be carried out through a court examination process, divorce carried out outside the court was declared invalid. The views of NU and Muhammadiyah above reflect a contradiction. Therefore the Indonesian Ulema Council based on the MUI IV 2012 Fatwa gave a fatwa as a middle way to resolve these differences with its fatwa that divorce outside the legal court is valid provided there is a syar'i reason that the truth can be proven in court. Iddah Divorce is calculated since husband drops divorce and for the benefit of benefit and guarantees legal certainty, divorce outside the court must be reported (ikhbar) to the religious court. With the Normative Juridical research method, the author tries to discuss the problem, namely trying to find the problems that arise as a result of these rules and find a way out how the MUI fatwa can be applied. From the results of the study, the authors conclude that the unrecognized Divorce legality outside the court causes legal chaos due to uncertain laws for the Islamic ummah, namely in terms of when the fall of divorce and the end of the iddah period, concerning triple divorce, concerning the validity of the status of children born after the fall Divorce and concerning the validity of the second marriage and the status of the child that was born which could damage the religion and descent of the Islamic ummah in Indonesia. If Marriage is legal according to the religion, then Divorce should also be valid if carried out according to the religious law. Factors that cause divorce outside the court include economic factors, juridical factors, sociological factors and customs factors, regarding the distribution of marital assets due to divorce outside the court, in general, the community resolves issues regarding marital property in a family manner by including local ulama and traditional leaders.
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van Huis, Stijn Cornelis. "Khul‘ over the longue durée: the decline of traditional fiqh-based divorce mechanisms in Indonesian legal practice." Islamic Law and Society 26, no. 1-2 (January 1, 2019): 58–82. http://dx.doi.org/10.1163/15685195-00254a05.
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AbstractIn this essay, I describe the historical development of three traditional fiqh-based divorce mechanisms in Indonesia that commonly result in a khul‘ divorce: regular khul‘ (khuluk), conditional divorce (taklik talak), and marital discord (syiqaq). In the practice of present-day Islamic courts these traditional fiqh-based divorce mechanisms have lost almost all of their former prominence. Through a historical analysis of legal practices of female-initiated divorce, I will explain how this happened. Legal reforms under the 1974 Marriage Law, their adoption into the 1991 Compilation of Islamic Law, and case law of the Supreme Court broadened women’s divorce rights significantly. The same reforms made out-of-court divorce illegal. In contrast to fiqh-based divorce mechanisms, judicial divorce on the grounds of ‘continuous and irreconcilable marital discord’ does not require the consent of the husband or the payment of compensation and has therefore become an easier and cheaper option for Indonesian women.
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Rohman, Adi Nur, Sugeng, and Hesti Widyaningrum. "INSTRUMENTATION OF EX-OFFICIO RIGHTS OF RELIGIOUS COURTS JUDGE RELATED TO FULFILLING CHILDREN AND WIFE'S RIGHTS DUE TO DIVORCE." Jurnal Hukum & Pembangunan 50, no. 2 (September 28, 2020): 361. http://dx.doi.org/10.21143/jhp.vol50.no2.2581.
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Most of divorce cases in Indonesia have a negative impact on divorced children and wives. This is due to the lack of public legal knowledge especially wives who are entangled in divorce cases so that their rights are often ignored. Judges of the Religious Court, in this regard, have a very important role in the protection of the rights of children and wives through the instrumentation of ex-officio rights which, because of his position, he has special authority in deciding the divorce case. This research is a combination of normative and empirical juridical research by connecting the case approach and the legislative approach. The research was conducted at the Bekasi Religious Court using the interview, observation and literature study methods. This study aims to analyze the conception of the rights of ex-officio judges, the basis for their consideration and the mechanism of their instruments in issuing decisions on divorce cases and their relevance to Islamic law
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Najichah, Najichah. "IMPLIKASI INISIATIF PERCERAIAN TERHADAP HAK NAFKAH ISTRI." Journal of Islamic Studies and Humanities 5, no. 1 (December 17, 2020): 42–60. http://dx.doi.org/10.21580/jish.v5i1.6960.
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AbstractDivorce is the case most frequently submitted to the Religious Courts in Indonesia. This paper discusses how the divorce initiative has implications for the wife's right to post-divorce income. There are differences regarding the wife's right to post-divorce income based on who took the initiative to file for the divorce. In a divorce on the husband's initiative, based on the Compilation of Islamic Law, the husband is obliged to provide the wife's rights in the form of post-divorce income. Whereas for the divorce initiative originating from the wife, there is no obligation for the husband to give the wife the right to post-divorce income. Legal progressiveness emerges and provides new hope in reforming Islamic family law in Indonesia by punishing husbands to pay for their wives' rights to post-divorce income in divorce cases on the wife's initiative, namely; Jurisprudence of the Supreme Court of the Republic of Indonesia number 137/K/AG/2007, Book II of Guidelines for the Implementation of Duties and Administration of the Religious Courts, Supreme Court Regulation Number 3 of 2017, Circular of the Supreme Court Number 2 of 2019 which are in accordance with the principles of benefit, certainty and legal justice.
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Hasan, K. N. Sofyan, Ahmaturrahman Ahmaturrahman, and Sri Turatmiyah. "Efektivitas Sighat Taklik Talak Dalam Perkawinan Islam Di Indonesia." Batulis Civil Law Review 3, no. 1 (June 15, 2022): 113. http://dx.doi.org/10.47268/ballrev.v3i1.1019.
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The effectiveness of the Sighat Taklik Talak in Islamic marriage law in Indonesia, until now from the aspect of the implementation of this Sighat Taklik Talak pronunciation, after the Ijab Kabul is held in the marriage walimah, is always spoken by the husband who is heard by all the marriage aqdun assemblies. It was even signed by the bride and groom and the witnesses, so this Sighat Taklik Talak has legal consequences. However, in the implementation of taklik talak as the causes of divorce, it can be said that it is rarely used or even none at all who applies for divorce through the path or means of violating sighat taklik talak, and because there is no request from one of the parties to divorce, then the judge cannot use sighat taklik talak as the reason for the divorce because the judge is passive.
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Mukdin, Khairani, Zahrul Bawady, Tarmizi M.Djakfar, and Muhammad Riza Nurdin. "APPLICATION OF NO-FAULT DIVORCE LEGAL RULES AS A BASIS FOR JUDGES CONSIDERATIONS: A CASE STUDY OF INDONESIA." PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH 7, no. 2 (November 1, 2022): 80–90. http://dx.doi.org/10.22373/petita.v7i2.149.
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No-Fault Divorce is a legal rule in divorce which implies that when a couple wants to divorce, then both of them do not need to prove the cause or reason for their divorce in court. They simply emphasize that there is no match between the two, or that there are differences that cannot be compromised anymore. This notion first appeared in California in 1970 and has been used in Indonesia as one of the judges' material legal considerations in divorce cases. The use of the No-Fault Divorce legal rule as one of the reinforcements for judges' considerations is considered in line with or in accordance with the values contained in the school of fiqh. However, making the No-Fault Divorce the judge's main consideration in deciding divorce cases or generalizing each divorce case using the rule of law is considered not in line with the purpose of shariah (maqāṣid) marriage in fiqh.The method used in this comparative descriptive study was analyzed qualitatively by comparing the understanding of the concept of the No-Fault Divorce legal rule and its use in the Religious Courts in Indonesia with the values contained in the school of fiqh. The data that became the object of research were several judges' decisions which directly included the No-Fault Divorce legal rules and fiqh books of schools of thought by scholars.The No-Fault Divorce legal rule is less relevant and in line with fiqh values although it can speed up the judicial process. However, knowing the cause of divorce without generalizing the issue will make the process of why the decision was enforced clearer and it will be clearer who is wrong and who is right so that the legal justice of a decision can be seen. Because usually this divorce decision will be the basis for determining other decisions related to rights in the family such as the right to determine child custody and joint property rights and so on. Moreover, the occurrence of divorce is not a trivial matter without any basis, because marriage is something sacred in religion and in Indonesian society.
Abstrak: No-Fault Divorce adalah suatu kaidah hukum dalam perceraian yang mengandung maksud bahwa ketika suatu pasangan ingin bercerai, maka keduanya tidak perlu membuktikan sebab atau alasan mereka bercerai didepan pengadilan. Mereka cukup menegaskan bahwa di antara keduanya sudah tidak ada kecocokan, atau terdapat perbedaan yang tidak dapat dikompromikan lagi. Paham ini pertama sekali muncul di California tahun 1970 dan telah digunakan di Indonesia sebagai salah satu pertimbangan hukum materiil hakim dalam perkara perceraian. Penggunaan kaidah hukum No-Fault Divorce sebagai salah satu penguat pertimbangan hakim dianggap sejalan atau sesuai dengan nilai-nilai yang terkandung dalam fiqh mazhab. Namun demikian menjadikan No-Fault Divorce sebagai pertimbangan utama hakim dalam memutuskan perkara perceraian atau menyamaratakan setiap kasus perceraian dengan menggunakan kaidah hukum ini dianggap tidak sejalan dengan tujuan pensyariatan (maqāṣid) pernikahan dalam fiqih. Metode yang digunakan dalam penelitian ini deskriptif komparatif yang dianalisis secara kualitatif dengan cara membandingkan pemahaman konsep kaidah hukum No-Fault Divorce dan penggunaannya pada Pengadilan Agama di Indonesia dengan nilai-nilai yang terkandung dalam fiqh mazhab. Data yang menjadi objek penelitian adalah beberapa putusan hakim yang mencantumkan langsung kaidah hukum No-Fault Divorce dan kitab-kitab fiqh mazhab karya ulama. Kaidah hukum No-Fault Divorce ini kurang relevan dan sejalan dengan nilai-nilai fiqh meskipun dapat mempercepat proses peradilan. Bagaimanapun mengetahui sebab perceraian tanpa menyamaratakan persoalan akan lebih jelas proses mengapa putusan itu diberlakukan dan dan lebih jelas siapa yang salah dan siapa yang benar sehingga terlihat keadilan hukum dari suatu putusan. Karena biasanya putusan perceraian ini akan menjadi dasar bagi penetapan putusan lain terkait dengan hak-hak dalam keluarga seperti hak penetapan hak asuh anak maupun hak harta bersama dan lain sebagainya. Lebih dari itu terjadinya perceraian bukanlah hal yang sepele yang tanpa dasar, karena pernikahan merupakan suatu yang sakral dalam agama dan dalam masyarakat Indonesia.
Kata Kunci: No-Fault Divorce, Pertimbangan Hakim, Fiqh Mazhab
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Umar, Masyithah. "Marriage and Divorce: How the Two Manifest within the Banjarise Community in Indonesia." Journal of Social Sciences Research, no. 63 (March 24, 2020): 245–51. http://dx.doi.org/10.32861/jssr.63.245.251.
Full textAbstract:
Currently, divorce rate in most big cities of Indonesia display an alarming trajectory that warrants close examination of the factors leading to it. With Islamic religious courts presiding over most of the divorce cases, which account for the largest portion of all legal cases in the country, this study examines the causal factors of divorce particularly in Bajarmasin city in South Kalimantan province. The study uses a qualitative research method. Data was collected through interviews, observations, and documentation study techniques. Findings indicate that there is little and sometimes no public awareness and understanding of the legal procedure of settling marriage deputes as many skip other available services like the Marriage and Divorce Advisory Board and directly seek divorce rulings from religious courts. It has also been established that domestic violence, secret marriages (Siri), early marriages and infidelity among other factors, are the main causes of the divorce. It has been established most of the couples seeking divorce ignore or are either ignorant about the roles and existence of the Marriage and Divorce Advisory Board which is formality tasked with the role counseling marriages couples with varying disputes and grievances. It is concluded that public awareness of proper channels and procedures of settling marriage disputes, women empowerment, increasing and promoting girl child education, strengthening family incomes, legal counseling on marriage law and a brief orientation on the dangers / impacts of secretary and early marriages could in the long-run curb the rampant divorce rates in the country and of course in Banjarmasin.
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Ananta, William Ricky, and Khotbatul Laila. "Tinjauan Yuridis terhadap Perceraian Menurut Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan Sebagaimana diubah dengan Undang-Undang Nomor 16 Tahun 2019 dan Norma Agama Kristen Protestan." Bhirawa Law Journal 2, no. 2 (November 29, 2021): 130–35. http://dx.doi.org/10.26905/blj.v2i2.6828.
Full textAbstract:
The divorce rate in Indonesia is getting higher. come from all classes of Indonesian citizens, both high and low social status, and from different religious backgrounds. In Law Number 1 of 1974 concerning Marriage, the aim is to complicate Divorce, but it also regulates divorce. Teachings on the norms of Protestant Christianity also prohibit Divorce which is an act that is hated by the divine Jesus. The church as an institution that regulates Protestant Christians does not allow divorce decisions made by its congregation. Therefore here the author raises the issue of how the juridical review of Divorce according to the Marriage Act and the christian norms of Protestants and the legal consequences for protestant Christians. This research is normative legal research using legislation approach and comparison approach, therefore this research uses primary, secondary, and tertiary legal materials.Based on the research results, the authors obtained answers to existing problems. Termination of Marriage due to Divorce based on the norms of Protestant Christianity for adherents is legal according to the Legislation, however the church as an institution that regulates its people there is still no certainty regarding Divorce. Protestant churches only assist congregations who want to divorce but do not prohibit them because divorce is a civil right of all Indonesian citizens, but the church is still responsible for its congregation who commits divorce. The legal consequences of divorce are the breaking up of the husband and wife relationship, the consequences for the child, and the consequences for joint property. According to the norms of Protestant Christianity, the result of Divorce is sin.
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Delicia, Carissa Azarine, and Nida Ul Hasanat. "Understanding the Meaning-Making of Romantic Relationships among Emerging Adults after Parental Divorce." Jurnal Psikologi 49, no. 2 (August 26, 2022): 195. http://dx.doi.org/10.22146/jpsi.73571.
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Pursuing a romantic relationship is one of the most important developmental aspects of emerging adults. With the increasing divorce rate in Indonesia, the authors were interested in exploring how emerging adults make sense of romantic relationships after parental divorce. Three participants and two significant others were interviewed in this present study, in which interpretive phenomenological analysis was used as the approach to interpreting the data. This study generated two themes that show how emerging adults make meaning of romantic relationships, namely as a source of fear and a source of support. This contradictory meaning-making relates to the experience the participants had during their parents' divorce process and what they learned from the media or their significant others. These, coupled with human agency and the need for love, encourage the participants to learn from their parents' mistakes, develop certain behavioural patterns, and continue to seek romantic relationships in their lives. This study shows how interaction between parents during a divorce process can shape the meaning-making and behaviour patterns in the child’s romantic relationships. Therefore, it is suggested that divorced parents build an open communication, show positive interactions, and minimize exposing their children to negative interactions during the divorce process.
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Nurjanah, Siti. "Divorce and Its Impact on Custody of Minors Using Islamic Law Perspectives." Al-Istinbath : Jurnal Hukum Islam 7, no. 1 (May 30, 2022): 119. http://dx.doi.org/10.29240/jhi.v7i1.4156.
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This study aims to examine the factors that cause divorce in an Islamic country and how that affects the custody minors shares between parents from an Islamic perspective. This study focus on three main causes, adultery, economy, and the occupance gap. Furthermore, this research used interviews of 718 married couples 140 pairs are divorced in Kota Metro, a high rate of divorce region with a Muslim majority in an Islamic country (Indonesia). The results of this study show that Couples sometimes have to face problems in their domestic life, the emergence of problems in the household can be caused by many things including economic factors, and no sense of responsibility, differences in life outlook that can lead to household crises. The woman who will become a widow does not think about other people's views of her because she thinks this is her life and she is the one who goes through it all, it's just that there is guilt in her child when she has to divorce. He thinks about the impact of divorce that will arise on the psychological development of his child, he tries so that his child does not lose the love of a father.
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Purna Nisa, Martina. "Critical Review of Domestic Violence as Reason for Divorce (Comparison of Divorce Laws in Indonesia, Malaysia and the Maldives)." AL-IHKAM: Jurnal Hukum & Pranata Sosial 16, no. 1 (June 22, 2021): 1–26. http://dx.doi.org/10.19105/al-lhkam.v16i1.4292.
Full textAbstract:
The phenomenon of domestic violence is on the rise every year and often puts a marriage into divorce. Divorce on the grounds of domestic violence frequently appears in the courtroom of Religious Courts in Indonesia as stipulated in Article 19 letter d PP No. 9 of 1975. It affirms that one party committing cruelty or severe persecution that endangers another party can be the legal reason for divorce. And then what about other Muslim countries? This research is library research with a descriptive-analytical method using a juridical normative approach. It found that domestic violence is accommodated as one of the reasons for divorce in family law in Indonesia, Malaysia (Negeri Sembilan, Persekutuan Pulau Pinang, Selangor dan Johor), and the Maldives. However, there are differences in granting the right for filing a divorce because of domestic violence. Divorce law in Indonesia and Malaysia enables both husband and wife to file for divorce because of domestic violence while Maldives law only enables the wife to do so. Fenomena kekerasan dalam rumah tangga selalu meningkat setiap tahunnya dan seringkali menjadi sebab perceraian. Perceraian karena kekerasan dalam rumah tangga sering muncul di ruang sidang pengadilan agama di Indonesia. Ini sebagaimana diatur dalam Pasal 19 huruf d PP No. 9 Tahun 1975 bahwa salah satu pihak yang melakukan kekejaman atau penganiayaan berat yang membahayakan pihak lain dapat menjadi alasan hukum terjadinya perceraian. Lalu bagaimana dengan di negara-negara Muslim lainnya? Penelitian ini termasuk dalam penelitian pustaka (library research) yang bersifat deskriptif analitis dengan pendekatan normatif yuridis. Dalam penelitian ini diperoleh temuan bahwa kekerasan dalam rumah tangga diakomodir sebagai alasan perceraian dalam hukum keluarga di Indonesia, Malaysia (Negeri sembilan, Persekutuan Pulau Pinang, Selangor dan Johor), maupun Maladewa. Hanya saja, terdapat perbedaan dalam hak mengajukan perceraian karena kekerasan dalam rumah tangga. Hukum perceraian di Indonesia dan Malaysia membolehkan kedua belah pihak untuk mengajukan perceraian karena kekerasan dalam rumah tangga, sementara hukum Maladewa hanya memungkinkan pihak istri.
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Utami, Putu Devi Yustisia, Kadek Agus Sudiarawan, Dewa Gede Sudika Mangku, and Alvyn Chaisar Perwira Nanggala Pratama. "Sistem Hukum dalam Penyelesaian Perkara Perceraian pada Perkawinan Campuran di Indonesia." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 7, no. 1 (March 30, 2022): 189. http://dx.doi.org/10.17977/um019v7i1p189-197.
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This study aimed to analyze the legal system and the attitude of judges to resolve intermarriage divorce cases. This study used a normative juridical method with a statutory and conceptual approach. The study results showed that the judge determines the legal system in intermarriage divorce cases by evaluating the link points and collecting facts to find a relationship between the case and the possible legal system used based on the principles of international civil law. The attitude of judges in efforts to resolve mixed marriage divorce cases should not necessarily apply to Indonesian law. Judges should pay attention to foreign national parties' personal and national legal status based on Article 16 Algemeene Bepalingen van Wetgeving Voor Nederlands Indie.
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Amelin Heranti, Amelin Heranti. "Dampak Perceraian Di Luar Pengadilan Terhadap Hak Nafkah Anak (Studi Kasus Di Desa Mendala Kecamatan Sirampog)." Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam 4, no. 1 (January 31, 2022): 18–49. http://dx.doi.org/10.56593/khuluqiyya.v4i1.77.
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Abstract
In Indonesia divorce has been regulated in article 39 (1) of Law no. 1 of 1974 concerning marriage that: "Divorce can only be carried out in front of a Religious Court trial after the Religious Court has tried and failed to reconcile the two parties". The focus of the problem this time is whether or not the provision of a living for parents, especially the male as the father and as the person in charge of the income, especially when the couple is divorced.
The results of this study reveal that the factors that cause the people of Mendala Village to still divorce out of court, namely: Economic factors, there are still many people who think that divorce in court takes a long time, people do not want to bother dealing with courts, lack of legal awareness. And from divorce outside the court, the child's right to support is not fulfilled.
Kata kunci: Perceraian di luar sidang, hak nafkah, Maqhāsid al-Syarī‘at.
Abstrak
Di Indonesia perceraian telah diatur dalam pasal 39 (1) Undang-undang No. 1 Tahun 1974 tentang perkawinan bahwa : “Perceraian hanya dapat dilakukan di depan sidang Pengadilan Agama setelah Pengadilan Agama tersebut berusaha dan tidak berhasil mendamaikan kedua belah pihak”. Fokus permaslahan kali ini adlah apakah berjalan atau tidak pemberian nafkah orang tua terutama laki-laki sebagai ayah dan sebagai penanggung jawab atas nafkah tersebut terlebih ketika pasngan tersebut telah bercerai.
Hasil penelitian ini mengungkapkan bahwa Faktor-faktor yang menyebabkan masyarakat Desa Mendala masih banyak melakukan perceraian di luar pengadilan yaitu: Faktor ekonomi, masih banyak masyarakat yang beranggapan bahwa bercerai dipengadilan memakan waktu yang lama, masyarakat tidak mau repot berurusan ke pengadilan, kurangnya kesadaran hukum. Dan dari perceraian di luar sidang pengadilan menjadikan tidak terpenuhinya hak nafkah anak.
Keywords: Divorce outside the court, the right to a living, Maqhāsid al-Syarī'at.
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Rahmat, Rahmat, and Sri Indriani. "Hukum Idah Perceraian bagi Wanita Hamil Akibat Perbuatan Zina." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 1, no. 4 (December 25, 2020): 588–610. http://dx.doi.org/10.36701/bustanul.v1i4.268.
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Marriage and divorce of women who have become pregnant as a result of adultery are problems that are given attention in the discussion of Islamic jurisprudence. Marrying a pregnant woman due to adultery has been a polemic among Islamic scholars since long ago in various countries, including in Indonesia until it was finally stipulated in the Book of Compilation of Islamic Law which became an explanation of the Law on Marriage. Divorce after marriage, which is preceded by pregnancy due to adultery, is also an interesting discussion, especially regarding the issue of idah, or the waiting period for women who are pregnant and subject to divorce. Idah or waiting period has been prescribed by Islam for the noble purpose of maintaining the authenticity of one's lineage so as not to mix with others. This problem was studied from a socio-cultural normative perspective, which compares the arguments and factual conditions, thus giving different values. Law of idah can differ from one woman to another, based on the type of divorce or the process of breaking the marriage bond, as well as on the woman's condition. The law of divorce for women who are pregnant that is the birth of the child they are carrying can also apply to women who are divorced, while they are pregnant as a result of adultery.
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Malikah, Umu, Dian Septiandani, and Muhammad Junaidi. "KEABSAHAN TALAK DILUAR PENGADILAN BERDASARKAN HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA." Semarang Law Review (SLR) 2, no. 2 (December 12, 2022): 246. http://dx.doi.org/10.26623/slr.v2i2.3961.
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<p align="center">ABSTRAK</p><p align="center"> </p><p align="center"> </p><p>Artikel ilmiah ini membahas membahas keabsahan talak yang dilakukan di luar pengadilan yang ada dalam dua pandangan antara hukum Islam dan hukum positif di Indonesia. Menurut hukum Fikih (Islam) perceraian dianggap jatuh hukumnya ketika seorang suami mengucapkan kata talak kepada isterinya baik secara jelas maupun kiyasan. Sedangkan menurut Undang-Undang Perkawinan dijelaskan bahwa perceraian hanya dapat dilakukan di depan Pengadilan setelah pengadilan yang bersangkutan berusaha dan tidak berhasil mendamaikan kedua belah pihak dalam perspektif hukum positif ini, talak hanya dapat dilakukan di depan sidang pengadilan. Artinya, penjatuhan talak dapat dikatakan berlaku dan mempunyai kekuatan hukum ketika perceraian tersebut diputus di Pengadilan. Permasalahan yang diangkat dalam skripsi ini adalah hukum Talak di luar pengadilan berdasarkan Hukum Islam dan Hukum Positif di Indonesia, dan perbedaan pandangan empat Mazhab Syafi’i, Mazhab Hanafi, Mazhab Hambali dan Mazhab Maliki. Penelitian ini merupakan penelitian hukum normatif dengan pendekatan perundangan-undangan dan pendekatan perbandingan. Berdasarkan penelitian yang dilakukan, dihasilkan kesimpulan bahwa talak yang dijatuhkan di luar pengadilan adalah sah menurut hukum Islam, dan beberapa pandangan para ulama sehingga perkawinannya putus sesuai dengan aturan fikih Islam. Namun perceraian tersebut tidak sah menurut hukum positif di Indonesia, sehingga di mata hukum positif perkawinannya belum putus dan hukum positif yang berlaku di Indonesia yang dijadikan sebagai pedoman terhadap putusnya perkawinan, dikarenakan akibat hukum yang ditimbulkan setelah terjadinya perceraian lebih diatur dengan jelas, sehingga kewajiban dan hak yang timbul setelah terjadinya perceraian lebih terjamin.</p><p> <strong>Kata Kunci : keabsahan Talak, Luar Pengadilan, Hukum Islam, Hukum Positif Indonesia</strong></p><p align="center"><em>ABSTRACT</em><em></em></p><p><em> </em></p><p> </p><pre><em>This thesis discusses the legitimacy of divorce which is carried out outside the court which is in two views between Islamic law and positive law in Indonesia. According to Fiqh (Islamic) law, divorce is considered legally binding when a husband pronounces the word talak to his wife both clearly and figuratively</em><em>. Meanwhile, according to the Marriage Law, it is explained that divorce can only be carried out in front of the Court after the court concerned tries and fails to reconcile the two parties in this positive legal perspective, divorce can only be done before a court session. That is, the imposition of divorce can be said to be valid and has legal force when the divorce is decided in court. The issues raised in this thesis are the divorce law outside the court based on Islamic Law and Positive Law in Indonesia, and the different views of the four Shafi'i Schools, the Hanafi School, the Hambali School and the Maliki School. This research is a normative legal research with a statutory approach and a comparative approach.</em><em></em></pre><p><em>Based on the research conducted, it is concluded that the divorce handed down out of court is legal according to Islamic law, and some views of the scholars so that the marriage broke up according to</em><em> the rules of Islamic jurisprudence. However, the divorce is not valid according to positive law in Indonesia, so that in the eyes of positive law the marriage has not been broken and the positive law that applies in Indonesia is used as a guide to the termination of marriage, because the legal consequences that arise after the divorce are more clearly regulated, so that obligations and rights that arise after the divorce is more secure.</em></p><p><strong><em>Keywords: the validity of divorce, out of court, Islamic law, Indonesian positive law</em></strong><strong><em></em></strong></p><p><em> </em></p><p><em> </em></p><p><em><br /></em></p>
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Sihombing, Lambok Hermanto, Angella Tiara Gabriella, and Ivanna Maria Maria Eveline. "AN INFOTAINMENT FRAMING ANALYSIS: CELEBRITY DIVORCE PORTRAYAL IN INDONESIA." Indonesian Journal of Communication Studies 14, no. 1 (July 29, 2021): 1. http://dx.doi.org/10.31315/ijcs.v14i1.4775.
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Infotainment has been a part of Indonesian mainstream media segmentation for a long time. Celebrities Divorce cases are one example of a storyline that Infotainment often covers with certain framing to gain more reaction from the public. This study aimed to uncover the framing within Aura Kasih divorce cases that are being reported by Insert, one infotainment channel in Indonesia. The researchers used Framing theory by Robert Entman. The dataset was taken from television and social media such as @inserlive, Insert infotainment, Intens Investigasi, and Trans TV Official. The result of this study concluded in several usage of framing that drives people to their own conclusions outside the information that those infotainment offers and proves the effect of said framing to influence the viewers perception and opinion.
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Akram, Andi. "Sejarah Peradilan Agama di Indonesia." Al-Manahij: Jurnal Kajian Hukum Islam 2, no. 1 (June 20, 2008): 103–14. http://dx.doi.org/10.24090/mnh.v2i1.3699.
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The up and down of Islamic court in Indonesia is related to the dynamic of social and politic. In colonialism era, this court is concerned only in marriage, divorce, and marriage reconciliation . Nowadays, according to UU no. 4 th. 2004, its function is divided into three parts executive, legislative, and judicial.
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Roslaili, Yuni, and Safira Mustaqila. "MUT'AH IN MODERN MUSLIM FAMILY LAW ( Study of Legislation in Syria, Egypt and Indonesia )." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 12, no. 2 (December 8, 2022): 154. http://dx.doi.org/10.22373/dusturiyah.v12i2.12347.
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The reality showed that there are still many injustices against women that can occur anywhere, including in the domestic sector, as well as in Muslim countries. Therefore reform of Muslim family law is seen as necessary because it plays an important role in the protection of women and children and the fulfillment of their rights. Mut’ah is a gift from a husband to his ex- wife after a divorce, including one of the areas reformed in a number of Muslim countries, including in Syria, Egypt and Indonesia. Mut’ah is a gift from a husband to his ex- wife after a divorce is one of the areas reformed in a number of Muslim countries including in Syria, Egypt and Indonesia. The results of the study found that there had been reform of Muslim family law regarding mut’ah in the three countries studied, namely Syria, Egypt and Indonesia. if in traditional literature( fiqh) the right of mut’ah is only obligatory to be given to a divorced wife before had sex and with a dowry that has not been given, but in the three countries studied regardless of whether the wife was divorced before had sex or after had sex and whether the dowry has been determined or not. In addition, in modern Muslim family law there are provisions for the maximum limit of mutah that a husband must give to his wife, such as the standard of living for three years in Syria and two years in Egypt while in fiqh it is determined that the maximum size of mut’ah is not to exceed half the mistsil dowry or the price of a slave.
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Aisyah, Aisyah. "HAK NAFKAH, MASKAN DAN KISWAH SELAMA DALAM IDDAH TERHADAP BEKAS ISTRI YANG TELAH DICERAI TALAQ DALAM KEDUDUKANNYA QOBLA DUKHUL (Study Putusan Pengadilan Agama Rantauprapat No. 1173/Pdt.G/2020/PA.RAP)." JURNAL ILMIAH ADVOKASI 8, no. 2 (October 5, 2020): 59–71. http://dx.doi.org/10.36987/jiad.v8i2.1848.
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This study aims to analyze the legal aspects of Mut ah Rights and Eid al-Fitr towards the wife who has been divorced by Talaq in her position as Qobla Dukhul. This research is Normative Empirical, namely research by looking at the existing conditions in the field by linking the legal sources of regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this research are to find out and analyze the legal basis of Mut ah Rights and Iddah livelihoods against a wife who has been divorced by her husband in her position that the wife has not been interfered with at all (Qobla Dukhul) and to know and analyze legal considerations in the decision. Rantauprapat Religious Court No. 1173 / Pdt.G / 2020 / PA.RAP for Divorce talaq in the position of wife of Qobla Dukhul. The results of this study state that if a marriage breaks up due to divorce, according to the provisions of Article 149 and Article 158 of the Compilation of Islamic Law, the ex-husband is obliged to give a proper mutʻah to his ex-wife, either in the form of money or objects, unless the former wife is qobla al dukhul and provides a living , maskan and kiswah to the ex-wife during iddah, unless the ex-wife has been through divorce ba1in or Nusyuz and is not pregnant. In the consideration of the Panel of Judges in Case No. 1173 / Pdt.G / 2020 / PA.RAP stated that because the marriage broke up due to divorce in the Qabla ad-Dukhul State, the Respondent did not have a period of iddah at all and the applicant was released from all legal consequences of divorce such as providing support, maskan and kiswah to ex-wife during iddah.Keywords: Mut'ah, Nafkah Iddah, Qobla Dukhul
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Handalusia, Husni Vici, Nuryakin Chaikal, and Massie Natanael Waraney Gerald. "Partners not for life? on the determinants of marriage dissolution in Indonesia." E3S Web of Conferences 74 (2018): 10019. http://dx.doi.org/10.1051/e3sconf/20187410019.
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While there have been numerous studies exploring the determinants of divorce in social science, economic studies on such marriage dissolution are scarce. Our study aims to examine the cause of divorce in Indonesia, exploring the socio-economic and demographic determinants including risk preference as to why couples choose whether to divorce or stay married. This study utilizes the data on married men and women from Indonesian Family Life Survey 2007 and 2014. In relation to husband-wife working composition, we find a very specific condition leading to marriage dissolution: when the wife is the only working, the main source of income of the family. The result indicates that there is a clash between the traditional family structures, especially a man as the househusband and the demographic change in the labor market for the sustainability of marriage. Furthermore, variables such as age, whether the marriage is the first marriage or not, and religiosity show considerable predictive validities.
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Ahmad Fauzi and Syamsul A'dlom. "SAKSI TALAK MENURUT IM?M AL-SY?FI’?" MAQASHID Jurnal Hukum Islam 2, no. 2 (August 27, 2019): 32–54. http://dx.doi.org/10.35897/maqashid.v2i2.193.
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Scholars differ about the necessity of witnesses in divorce. There are those who oblige, say the Sunnah, and while others say that divorce does not need a witness. These differences stem from an understanding of related sacred texts that are also diverse. In addition, those with their opinions hold their own logic.
In Indonesia itself, the witness' obligation is regulated in positive Islamic law or KHI. Divorce must be resolved through the Religious Courts. This means that the existence of witnesses in the divorce process in Indonesia is a necessity, as a form of efforts to protect the rights of all related parties.
Imam al-Shafi'i in his magnum opus, al-Umm, said that witnesses in divorce and reconciliation were the same as the position of witnesses in the sale and purchase agreement or other trade transactions that were highly recommended for the benefit of the people.
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Wahyudi, Firman. "INTERVENSI ANAK DALAM PERCERAIAN." Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman 15, no. 2 (January 10, 2017): 185. http://dx.doi.org/10.18592/al-banjari.v15i2.839.
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The high divorce rate in Indonesia sometimes result with positive and negative trends. Positive trend meant the rise of women to defend their rights as a wife that is often abused by her husband so divorce is the best solutions and alternatives. Trend downside besides destroying a family structure also carries a psychological impact, especially children in addition to great effect in socio-civic life. Legal divorce just look at issues from both parties (husband and wife) only, while the other family members in this case the child is not involved. Though the realm of the family consisting of a husband and wife and children. Child has a fundamental right within the family and also have the right to intervene to prevent his parents' divorce because he was the main victim of the divorce itself. Required a special advocate to defend the interests and rights of the child in his parents' divorce given the level of skill in the legal act has not been adequate. In this case the role and functions of the Indonesian Child Protection Commission (KPAI) is necessary in order to fulfill these rights.
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Sulistiyana, Sulistiyana, Dian Ade Kurnia, and Martanto. "Pembangunan Model Clustering Dalam Pengelompokan Pengadilan Agama Berdasarkan Kasus Perceraian Dengan Menggunakan Algoritma K-Means." KOPERTIP : Jurnal Ilmiah Manajemen Informatika dan Komputer 5, no. 2 (October 31, 2021): 57. http://dx.doi.org/10.32485/kopertip.v5i2.165.
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Divorce in domestic life is usually faced by married couples. During the life of a household, no one expects disputes that can end in divorce. A number of regions in Indonesia based on the Annual Reports of the Religious Courts from 2016, 2017, 2018, 2019 and 2020, it is known that there is a problem, namely an increase in the divorce rate in terms of the number of cases received by the Religious Courts. The problem of divorce cases is even increasing every year. To find out the Grouping of Divorce Cases Using the K-Means Algorithm in Indonesian Cities/Regencies. To perform this grouping using the k-means algorithm. . The dataset used consists of 410 with attributes of the causes that lead to divorce cases. Then preprocessing is carried out on the dataset to eliminate missing data. Then, the clustering technique was carried out using the k-means algorithm to be grouped. To get the best group, DBI calculation is used. The results of the research are expected to obtain grouping performance with the k-means algorithm. The results obtained show several groups with a DBI value of 0.19 with a number of clusters 2.
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Nikmah, Roykhatun. "Dialektika Status Wanita dalam Pembaharuan Hukum Keluarga di Indonesia." BUANA GENDER : Jurnal Studi Gender dan Anak 5, no. 1 (December 10, 2020): 38–54. http://dx.doi.org/10.22515/bg.v5i1.3081.
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the status of women in family law became the main focus in legal reform. The reforms made must be dynamic and flexible in the face of changes in the socio-cultural context of society. The purpose of reform in addition to raising the status of women in the relationship between husband and wife also aims to provide legal certainty. Marriage Law and the Compilation of Islamic Law as the basis for resolving matters within the Court must continue to adapt to the social shift of society and the demands of social change so as not to lose its function as a social operator. To see the change in the status of women before the existence of Law Number 1 of 1974 and also KHI then the approach used is a historical approach. The juridical approach is used to see how the rules in Law No. 1/1974 and KHI apply to adapt to the demands of society change. The focus of juridical studies on the age limit of marriage, polygamy and divorce. Determination of the age limit of marriage has changed from 16 years of age for girls to 19 years. There is a change in article 7 paragraph (1) so that women and men have a passion for the right to education, health and constitutional rights. While the rules of Indonesian polygamy are not completely prohibited but the court provides strict conditions to do, while the rules of divorce for women have the right to file for divorce if the husband violates talaq ta’liq and commits the causes of divorce.
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Heaton, Tim B., Mark Cammack, and Larry Young. "Why is the Divorce Rate Declining in Indonesia?" Journal of Marriage and Family 63, no. 2 (May 2001): 480–90. http://dx.doi.org/10.1111/j.1741-3737.2001.00480.x.
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Wulandari, Oksyta. "PEMELIHARAAN HUBUNGAN ANTARA ORANGTUA YANG BERCERAI DAN ANAK (STUDI KUALITATIF DESKRIPTIF KOMUNIKASI ANTARPRIBADI ANTARA ORANGTUA YANG MEMILIKI HAK ASUH DENGAN ANAKNYA)." Komuniti: Jurnal Komunikasi dan Teknologi Informasi 8, no. 1 (January 3, 2017): 3. http://dx.doi.org/10.23917/komuniti.v8i1.2928.
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Family is the smallest social unit in the society. Family also has an important role in the personal development in a child. However, today divorce rate in Indonesia has increased and divorce will harm people involved, including children. Divorce triggers weakens relationship between parent and children. In relational maintenance there are several behaviors used to maintain relational maintenance between parent and children. So the researcher was interested to know relational maintenance behaviours between divorced parents who had custody of their children with their children. In this study the researcher used qualitative research method and purposive sampling as the sampling technique. The informants were: divorced man or woman who has custody of their child and the man or woman’s child. Three people were from each group were interviewed, totaling in 6 informants. The method to test data validity has source triangulation method by comparing interview and observation result from all data sources, and only selecting consistant data which has then used as data. The result of this showed that the applications of relational maintenance behaviours between parent who had custody of their children with their children consisted of several types,including positivity, openness and routine talk,assurances, task and sharing, supportiveness,joint activities, humor, and constructive conflict management. However not all relational maintenance behaviors do by divorced parents who had custody of their children with their children. Some relational maintenance behaviors performed by divorced parents who had custody of their children with their children were: positivity, supportiveness, joint activities, humor, and constructive conflict management. Meanwhile, relational maintenance behaviors that is not performed by divorced parents who had custody of their children with their childrenwere: openness and routine talk and task and sharing that based on the lack of frequency of face-to-face between parents and children. Generally, relational maintenance performed by parent who had custody of their children with their children.
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Wahyudi, Firman. "Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia." Al-Ahkam 32, no. 2 (October 30, 2022): 211–32. http://dx.doi.org/10.21580/ahkam.2022.32.2.11720.
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The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine).
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Razak, Syahrial. "PENYELESAIAN SENGKETA PERKAWINAN TERHADAP HARTA BERSAMA TERKAIT ISTERI NUSYUZ (DURHAKA) DAN AKIBAT HUKUMNYA DI INDONESIA." ADHAPER: Jurnal Hukum Acara Perdata 4, no. 1 (October 10, 2018): 19. http://dx.doi.org/10.36913/jhaper.v4i1.62.
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The divorce rate in Indonesia is quite high according to the data presented by Religious Jurisdiction Chamber (Badilag) of Indonesian Supreme Court in 2015 there are 96,678 cases of talak petition and 249,578 cases of divorce lawsuit. This article will elaborate the legal consequences of talak petition based on the reasons that the respondent (wife) has committed seditious (nusyuz) against claimant (husband), moreover this article will also reveal empirically the motivation of the wife committed seditious. In most cases, the wife may commit seditious triggered by violent act committed by her husband or marry another woman secretly. When trying such cases, the court must adjudicate carefully and thoroughly the reasons of request for talak which contended by the husband and its background. The careful and thorough trial on the evidences presented by the parties may lead to judgment which just and fair as the settlement of the dispute in divorce cases and distribution of matrimony properties.
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Ridwan, Masrur, Aryani Witasari, and Ahmad Hadi Prayitno. "PERSPECTIVE OF MEDIATION EFFECTIVENESS THEORY AS MAIN OPTIONS IN ORDER TO LOWER DIVORCE RATE." Jurnal Pembaharuan Hukum 8, no. 2 (July 17, 2021): 184. http://dx.doi.org/10.26532/jph.v8i2.16065.
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The purpose of this paper is to examine mediation as a way effective to reduce the divorce rate and the obstacles and challenges that create mediation as the means chosen to reduce the divorce rate in Indonesia. The increase and decrease in claimable divorce rates can basically be monitored , if supported by various parties, including through the implementation of effective mediation and efficient. In general, the biggest cause of divorce in Indonesia is dispute continuous and economic problems. Socialization and counseling about coaching the sakinah family has been awarded by the authorities. There is an obligation to conduct mediation before entering the court's domain as regulated in Supreme Court Regulation No.1 of 2016 is still being carried out half-heartedly tends to be mere formality. This is one of the obstacles in the difficulty there is an agreement in the mediation process. The divorce rate can be reduced significantly significant, if the parties involved in household cases have been pushed to take advantage of mediation institutions from an early age. The five elements according to effectiveness theory related to mediation as the main choice in suppressing the divorce rate well done.
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Paisal, Paisal, and Pirza Adzkia. "Legal Construction of Isbat Talak According to the Fatwa of the Indonesian Ulema Council." Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum 19, no. 2 (December 31, 2021): 125–36. http://dx.doi.org/10.32694/qst.v19i2.1084.
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This article presents a discussion of the legal construction of divorce ratification in religious courts, or what can be termed isbat talak, because the norm regarding the ratification of talak does not yet exist, although it has been voiced by various groups, including the Indonesian Ulema Council through the fatwa commission. There are two main points to be discussed in this article. First, regarding the MUI fatwa framework regarding the ratification of divorce. Second, regarding the construction of ratification of divorce in religious courts. This study uses a qualitative approach with data collection techniques in documentation. The data sources were obtained from the ijtima' results of the MUI Fatwa Commission throughout Indonesia in 2012, the Marriage Law, and the Compilation of Islamic Law. This study shows that the MUI recommendation for divorce outside the court to be recognized as valid by the religious court is in order to find a middle way from debates between groups that rely solely on fiqh and the camp that relies solely on the laws and regulations. The ratification of divorce can basically be done through legal construction by judges with an analogous approach, namely equating the isbat of divorce with the isbat of marriage.
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Wasliati, Wardah, Laily Washiati, and Balqis Wasliati. "ANALISIS YURIDIS PENGARUH USIA TERHADAP TINGGINYA TINGKAT PERCERAIAN DI KOTA BATAM (STUDI PENELITIAN DI PENGADILAN AGAMA KELAS IA BATAM)." Ensiklopedia of Journal 4, no. 3 (April 14, 2022): 15–20. http://dx.doi.org/10.33559/eoj.v4i3.551.
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This journal is entitled Juridical Analysis of the Effect of Age on the High Level of Divorce in Batam City (Research Study at the Religious Court Class Ia Batam) on Jalan RE. Martadinata Number 5, Sekupang, Batam City, Riau Islands 29425, with the construction problems: What are the legal arrangements regarding filing for divorce at the Batam Class IA Religious Court?; and what are the factors behind the high divorce rate in Batam and what are the solutions to reduce the high divorce rate? The qualification/type of writing for this journal uses a normative legal writing type, which is supported by sociological/empirical legal research. To analyze some of the problems in this journal, a big theory (The Pure Theory of Law) is used. Legal positivism (positive law school) which sees the need to clearly separate law and morals (between applicable law and the law that should be), and theory (Law is Command of a Lawgiver) John Austin, namely the law is considered as a logical system, fixed and closed (closed logical system), the law is strictly separated from justice and is not based on good and bad values. Legal arrangements regarding filing for divorce in the Religious Courts refer to Law Number 1 of 1974 concerning Marriage, Government Regulation of the Republic of Indonesia Number 9 of 1975 concerning the Implementation of Law Number of 1974 concerning Marriage, Law Number 32 of 1954 concerning Enforcement of Laws - Law of the Republic of Indonesia dated November 21, 1946 Number 22 of 1946 concerning Registration of Marriage, Divorce, Reconciliation in All Regions Outside Java and Madura, Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning the Dissemination of Compilation of Islamic Law, Law of the Republic of Indonesia Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts.Keywords: Marriage, Divorce, Age Effect.
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Laksmi Dewi, Putu Ayu Diah, I. Nyoman Sujana, and Putu Ayu Sriasih Wesna. "IMPLICATIONS OF INTERFAITH MARRIAGE DIVORCE ON CHILDREN'S CARE RIGHTS IN INDONESIA." Journal of International Legal Communication 4 (March 31, 2022): 50–54. http://dx.doi.org/10.32612/uw.27201643.2022.1.pp.50-54.
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This research is a normative legal research, which concerns the implications of the Divorce Divorce Marriage of Different Religious Against Child Custody. Problem 1). What is the legal protection for interfaith marriages in Indonesia?, 2). What are the implications of the divorce of interfaith marriages for child custody? The purpose of this study was to determine the implications of divorce between different religions for child custody. The benefit of this research is to provide input for the government to take a policy and provide knowledge to the public about interfaith marriages. Results of the discussion: 1). Based on article 35 of the Population Administration Act of interfaith marriages can be recorded based on the determination of the Court as long as it does not violate legal norms and norms of decency, because the Marriage Act does not mention that interfaith marriages are prohibited. 2). If no agreement is found, the court will decide who has the right to obtain custody of the child. Conclusions: 1). Interfaith marriages can be recorded if based on the determination of the court in accordance with the provisions of the Law on State Administration article 35 letter a. 2). Child custody of a minor falls to the care of his mother, as long as the mother has never been proven guilty in court. While a child who is capable of law can choose between his father or mother as the holder of the right to care.
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Almeyda, Aldya Khaira, and Ahmad Khisni. "The Consequences of Divorce Law on Common Property under Marriage Law & KHI." Sultan Agung Notary Law Review 3, no. 2 (August 10, 2021): 689. http://dx.doi.org/10.30659/sanlar.3.2.569-576.
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The distribution of joint assets according to the provisions of Article 37 of Act No. 1 of 1974 concerning Marriage is not clearly stipulated how much each husband or wife is divorced, either divorced or divorced. Article 37 paragraph (1) states that if a marriage breaks up due to divorce, the joint property is regulated according to their respective laws. In the explanation of Article 37 paragraph (1), it is emphasized that the respective laws are religious law, customary law and other laws related to the distribution of the joint property. In addition to Act No. 1 of 1974 concerning Marriage, the Compilation of Islamic Law also applies in Indonesia, which relates to the distribution of joint assets as regulated in Articles 96 and 97 of the Compilation of Islamic Law. Based on these things, the problems that will be examined in this research are: what are the legal consequences of settling disputes on joint property according to Marriage Act No. 1 of 1974 and KHI, and what are the views of Islamic law regarding the distribution of joint assets after divorce, as well as the obstacles to the implementation of the distribution of joint assets in practice at the Salatiga Religious Court, Central Java Province.
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Kamarusdiana, Kamarusdiana, Burhanudin Yusuf, Maman Rahman Hakim, and Harapandi Dahri. "Pre-Marital Education: Concepts and Regulations in Indonesia and Malaysia." Al-Ahkam 32, no. 1 (April 28, 2022): 41–64. http://dx.doi.org/10.21580/ahkam.2022.32.1.10709.
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One of the most significant ways to create a happy family and minimize divorce is premarital education. Indonesia and Malaysia are two countries that have realized it and have regulated it in the regulations of their respective countries. This paper focuses on studying the concept and regulation of premarital education in these two countries. This paper uses a normative juridical approach using library research and comparative law. This study found that premarital education aims to create household happiness to avoid divorce. Indonesia regulates it in the Decree of the Director-General of Islamic Religion by implementing the Office of Religious Affairs or institutions recognized by the Ministry of Religion. Meanwhile, in Malaysia, it differed according to state regulations, such as enactment 11 of 2003 amendment of the Islamic Family Law (Negeri Sembilan) 2003 Part II of Marriage Section 16 concerning Applications for Marriage Truth and carried out by the Malaysian Islamic Progress Office. Premarital education, although both aim to create a family and minimize divorce, in Indonesia, it only provides guidelines, while in Malaysia, it is a mandatory requirement for prospective brides to get married.
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Putri, Julia Eva, Neviyarni Suhaili, Marjohan Marjohan, Ifdil Ifdil, and Afdal Afdal. "Konsep self esteem pada wanita dewasa awal yang mengalami perceraian." Jurnal EDUCATIO: Jurnal Pendidikan Indonesia 8, no. 1 (February 9, 2022): 20. http://dx.doi.org/10.29210/1202221495.
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The existence of conflict in the household is unavoidable, a prolonged conflict can cause rifts in the household and even divorce. The divorce rate in Indonesia is increasing day by day. On average, those who experience this divorce are early adult women aged 20-40 years. Divorce experienced by women in early adulthood can have negative psychological effects such as feelings of worthlessness (low self-esteem). If not handled properly, of course this will become a new problem such as stress, depression, feeling unaccepted and other negative feelings.