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Erni Erni; Tajul Arifin

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of divorce without going through a formal court process, commonly referred to as informal or unregistered divorce, remains prevalent in Indonesian society despite clear regulations outlined in Law Number 1 of 1974 on Marriage. This paper aims to examine the legal dimensions of such practices and explore the social and psychological impacts, particularly on children. Findings indicate that divorces conducted outside the legal framework not only violate national laws but also often result in disadvantages for vulnerable parties, especially women and children. In Islamic teachings, while divorce is permissible, it is considered the most detested lawful act by Allah and should only be pursued after all efforts at reconciliation have failed. National legal provisions echo this perspective by emphasizing mediation and the principle of justice as primary steps in resolving marital disputes. This alignment reflects a harmony between religious norms and state law. Therefore, public awareness of proper legal procedures for divorce needs to be enhanced to protect individual rights and preserve family stability. Strengthening legal education and premarital counseling are effective preventive strategies in this regard.  

Salsabila Putri Nadira; Djanuardi Djanuardi; Betty Rubiati

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) often give rise to legal issues, particularly in divorce cases involving the division of marital property. A key challenge arises from the restriction on land ownership for foreign nationals under the Basic Agrarian Law. This study examines Decision Number 146/Pdt.G/2021/PA.Dps, in which an Indonesian wife was accused of extortion against her foreign husband in the context of a mixed marriage divorce. Using a normative juridical method and a descriptive-analytical approach, the study finds that the wife’s act of withholding her husband’s documents does not constitute extortion, but rather a form of self-protection due to the husband's failure to provide financial support. The findings emphasize that the division of marital assets in mixed marriages must consider the provisions of the Marriage Law, the Compilation of Islamic Law for Muslim couples, and the Basic Agrarian Law, especially regarding land ownership by foreign nationals. Therefore, resolving property disputes in mixed marriages requires a careful legal approach to ensure compliance with applicable laws.  

Fauziah Lubis; Nur Aisah; Rifqi Althaaf Masaid; M. Farhan Damanik; Siti Nurul Latifah +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

this journal is written to examine divorce cases which are complex social problems and often have psychological and economic impacts on families. In Indonesia, the Religious Court (PA) plays an important role in resolving divorce disputes. Over time (MA RI) has sought to improve the efficiency and transparency of judicial services through the implementation of a system that regulates the application of this electronic system in various cases, including divorce cases. This study is important to evaluate the extent to which the implementation of e-Court in resolving divorce cases in PA is in accordance with the PERMA, identify the obstacles faced, and provide recommendations for improving and optimizing the system. It is hoped that this study can contribute to improving services in the courts in handling divorce cases and supporting the realization of simple, fast, and low-cost access to justice.    

Philip Marchello Hasonangan Sinaga; Sri Hadiningrum; Ananda Viranda; Jessi Aprilia Silaban; Robintang Lumban Batu

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study analyzes factors that influence this understanding and perception, such as education level, family environment, media influence, personal experience, and involvement in daily customary life. Data collection techniques are carried out through observation, interviews, and documentation in order to gain a deeper understanding of the young generation of Toba Batak towards customary divorce law. The purpose of this study is to determine the extent of the understanding of the young generation towards the customary divorce process, the role of the family, and the factors that influence their views. This study discusses the perception and understanding of the young generation of Toba Batak towards customary divorce law amidst the influence of modernization. Through the understanding and perception of the young generation towards customary divorce law, this study attempts to provide an overview of the relevance of the young generation of Toba Batak towards customary divorce law. The results of the study show that although most still respect customs and the value of family deliberation, there are doubts about customary justice, especially regarding the position of women. The young generation tends to support the preservation of customs, but hopes for adjustments to be fairer and in accordance with the times. The results of the study are expected to be input for traditional leaders and the government in designing targeted cultural preservation policies.

Kevin Andreas Halomoan Tambunan; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Lusi Harianja; Novita Sarah Simanjuntak +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study is entitled "The Role of Parboru and Hula-Hula in the Settlement of Divorce Disputes in Batak Toba Customs". The main focus of this study is to analyze the role and position of Parboru (the woman's family) and Hula-Hula (the wife's family) in the divorce settlement process according to Batak Toba customs. This study also presents the dynamics of the interaction of the two elements in customary mediation, as well as how customary values ​​and norms are implemented to maintain the harmony and dignity of the extended family. The method used in this study is a qualitative method with a descriptive approach. Data obtained through interviews and library studies of relevant literature on Batak Toba customary law, Dalihan Na Tolu, and the role of Parboru and Hula-Hula in traditional ceremonies and the resolution of marital conflicts in Batak Toba customs. The results of the study indicate that Hula-Hula has a central position as a decision maker and mediator, while Parboru plays a role as a technical implementer, mediator, and balancer in the customary deliberation forum. The active involvement of both parties is very important to ensure that the divorce process runs according to customary norms and maintains the social harmony of the Batak Toba community. This study is expected to enrich the literature on Batak customary law and become a reference for students, the community, and customary leaders in understanding the importance of the role of kinship in resolving divorce.

Mega Sylvia Dewi; Dewi Sukmawati; Sri Mulyeni

Jurnal Publikasi Ilmu Psikologi. 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

The absence of a father figure (fatherlessness) can have significant impacts on an individual's psychological and social well-being, particularly among university students who are navigating the critical phase of identity formation. This study aims to explore the meaning of father loss in students by comparing experiences of losing a father due to divorce and death. Using a qualitative phenomenological approach, six participants who had experienced fatherlessness were interviewed in depth. The results show that the loss of a father due to death is generally perceived as a permanent and irreplaceable loss, evoking deep sadness. In contrast, father loss due to divorce is often associated with emotional conflict, feelings of abandonment, and unresolved grief (ambiguous loss). The psychological impacts include emotional disturbances, social difficulties, and low self-confidence. Students employed various coping strategies such as seeking social support and engaging in academic or productive activities. In conclusion, the study highlights that the meaning of father loss varies depending on its cause, but both types have significant negative effects on students' psychological well-being. Therefore, strong emotional and social support is essential to help fatherless students adapt and build resilience in facing such loss.

Fiola Ayu Meisaro

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the practice of marital property division at the Sibolga Religious Court due to divorce caused by the husband's religious conversion. The phenomenon of divorce due to religious differences, especially religious conversion from Islam, creates legal complexities, particularly in determining rights and obligations related to marital property. This study employs a qualitative approach with an empirical legal research type, located at the Sibolga Religious Court. Data was obtained through in-depth interviews with judges, court clerks, and parties involved in the cases, as well as document studies of court decisions. The results indicate that the Sibolga Religious Court has absolute authority in handling divorce cases due to the husband's religious conversion and the division of marital property within them. Despite the religious conversion, the principles of Islamic marital property law (syirkah) remain the primary basis, considering the contribution of each party. Challenges include the complexity of proving contributions, often emotional negotiations between parties, and judges' efforts to achieve substantive justice. The implications of the decisions not only involve legal aspects but also social and psychological ones for the families. This study recommends the need for broader legal socialization regarding rights and obligations in interfaith marriages and increased public understanding of marital property dispute resolution procedures.

Endy Alvinal Khoiri; Muhammad Hisyam Luqoni Avivi; Ani Qotuz zuhro’ Fitriana

Populer: Jurnal Penelitian Mahasiswa 2025 Universitas Maritim AMNI Semarang

Parental divorce causes the child to lose the love and affection of his parents and hinders them in their psychological development. This study describes and analyzes the psychological struggles experienced by three children who lost their father's role after divorce. All three experience similar inner conflicts: feelings of loss, neglect, and emotional division, as well as confusion in choosing to live with their father or mother. This study uses a qualitative case study approach and uses participatory observation and in-depth interviews for data collection. The results showed that children experienced conflicts about loyalty, emotional stress, and difficulty in reshaping their self-identity in a changing family environment. Children's mental and social instability is exacerbated by the loss of the father figure both physically and emotionally. The study emphasizes how important it is for parents to remain actively involved with their child even after they have divorced to maintain their emotional stability and provide ongoing psychological support. These findings are expected to be a reference for education practitioners, counselors, and parents in dealing with the psychological impact of divorce on children.

Natan Kaharu; Kasim, Ramdhan; Martam, Nurmik K.

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Penelitian ini berjudul "Analisis Kekerasan dalam Rumah Tangga sebagai Alasan Yuridis Cerai Gugat (Studi Kasus di Pengadilan Agama Kwandang)". Tujuan penelitian adalah menganalisis implementasi ketentuan hukum terkait kekerasan dalam rumah tangga (KDRT) sebagai dasar cerai gugat, serta mempertimbangkan faktor-faktor penyebab perceraian yang menjadi alasan yuridis di Pengadilan Agama Kwandang. Metode yang digunakan adalah yuridis empiris (socio-legal research), yaitu dengan menelaah peraturan perundang-undangan dan penerapannya di masyarakat melalui studi putusan pengadilan dan wawancara dengan hakim. Hasil penelitian menunjukkan bahwa KDRT merupakan alasan sah untuk cerai gugat dan memiliki dasar hukum yang kuat. Ketentuan perundang-undangan secara komprehensif telah mengatur KDRT sebagai alasan gugatan cerai. Penelitian ini merekomendasikan harmonisasi regulasi antara UU Perkawinan, PP No. 9 Tahun 1975, UU PKDRT, dan KHI guna memberikan kepastian hukum yang lebih jelas. Selain itu, diperlukan layanan pendampingan psikologis dan hukum bagi korban KDRT serta prosedur khusus yang lebih cepat dan sederhana dalam menangani perkara cerai karena KDRT agar perlindungan terhadap korban menjadi lebih efektif.  

Syarifatul Fadhilah; Listyowati Dewi; Arum Nurul Layalia Mufaidah; Gita Jemima Ardhana; Rani Pajrin

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a spiritual and physical bond between one man and one woman as husband and wife with the aim of forming a happy family based on the belief in the Almighty God. In a marriage, forming a happy family certainly requires cooperation between each party, both husband and wife. If both parties have different goals, it will trigger problems in the household. Problems in the household can influence divorce between both parties, namely husband and wife.  Divorce is a condition in the household where there is no common ground for harmony and harmony in the relationship between husband and wife so that it can be decided by the District Court for those of non-Islamic religions or the Religious Court for those of Islamic religion. Considering that Indonesia is a country of law where every action has rules, if seen from the principle of Nebis In Idem, this problem is no longer acceptable. However, in this divorce case the lawsuit was accepted by the judge and the judge decided again with a different decision. Based on this, the formulation of the problem is how to apply the Ne Bis In Idem Principle by the judge in divorce cases

Nurmayani Nurmayani; Siti Zahara; Cinta Febby Dewita; Indri Wahyuni; Putri Khairi Izwani +1 more

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

Divorce is a complex social phenomenon with significant impacts on families, especially children. In Islamic law, divorce is permitted as a last resort when household life cannot be maintained, although it is considered the most hated lawful act by Allah. This study analyzes divorce from the perspective of Islamic family law, focusing on the causal factors, legal impacts, and preventive measures. The main factors of divorce include disharmony in relationships, economic problems, the presence of a third party, and domestic violence. The legal impacts include child custody, division of property, and maintenance obligations, which are often not fulfilled by the ex-husband, causing inequality in legal protection for women and children. Recommended preventive measures include premarital education, family counseling based on Islamic values, and strengthening mediation institutions such as BP4. This study uses qualitative methods with literature analysis to provide a comprehensive understanding of divorce in Islamic law and its implications in Indonesia.

Fadillah Utami; Siti Patimah; Adenan Adenan; Darwis Mustakim

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Online gambling has increasingly become a major social issue, particularly in the context of family and marital stability. This study aims to explore and analyze the impact of online gambling addiction on marital relationships, with a focus on the causes leading to divorce. Employing a qualitative research approach, data were gathered through in-depth interviews with individuals and couples who had experienced divorce as a direct consequence of one partner’s online gambling behavior. The results of this study reveal that online gambling addiction significantly contributes to financial instability, emotional distance, repeated conflicts, and the eventual breakdown of communication and trust within the relationship. Many participants reported experiencing feelings of betrayal, frustration, and emotional exhaustion due to the compulsive gambling behavior of their partners. In several cases, gambling debts resulted in the sale of family assets and prolonged financial insecurity, which further strained the relationship. Moreover, the secrecy surrounding gambling activities often led to the erosion of mutual respect and transparency between spouses. This research underscores the urgent need for public education and policy intervention to mitigate the negative effects of online gambling on families. Support systems such as counseling, rehabilitation programs, and financial planning services are crucial to help affected individuals recover and rebuild their lives. By shedding light on the destructive nature of online gambling on family dynamics, this study aims to contribute to the broader discourse on mental health, addiction, and the preservation of marital stability in the digital age.

Fadillah Utami; Siti Patimah; Adenan Adenan; Darwis Mustakim

Jurnal Pengabdian Masyarakat Indonesia Sejahtera 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Online gambling has emerged as a significant cause of divorce in modern society. This study aims to analyze the impact of online gambling addiction on marital relationships. Using qualitative methods, data were collected through interviews with couples who experienced divorce due to online gambling. The findings indicate that online gambling leads to significant financial problems, loss of trust, and prolonged emotional conflicts. This research highlights the importance of raising awareness about the risks of online gambling and the need for support for affected individuals. Thus, this study provides insights into how online gambling can undermine family structure and interpersonal relationships.

Dimas Aditya Saputra; Bambang Agus Herlambang; Ahmad Khoirul Anam

Merkurius : Jurnal Riset Sistem Informasi dan Teknik Informatika 2024 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

This study aims to utilize QGIS as a spatial analysis tool to map the distribution of divorces based on economic factors and disputes in Surakarta City during the 2020–2023 period. The data used includes spatial data in the form of Surakarta City's administrative map in shapefile format and non-spatial data comprising the number of divorces obtained from BPS Surakarta. Non-spatial data were integrated into spatial data using the "join attribute" feature in QGIS. The analysis process was conducted using classification methods to identify areas with the highest divorce density. The findings reveal that divorces due to economic factors are concentrated in low-income areas, such as Banjarsari and Jebres, while divorces caused by disputes exhibit a more evenly distributed pattern. The thematic maps were then exported into GeoJSON format for implementation on an interactive website accessible to the public and policymakers. This study contributes to the utilization of GIS technology in supporting data-driven decision-making.

Aulia Rifai; Ilham Arisaputra; Amaliyah Amaliyah; Khulaifi Hamdani; Muhammad Narya Febrian

Jurnal Pengabdian Masyarakat Nusantara (Pengabmas Nusantara) 2024 Universitas Muhammadiyah Manado

The increasing divorce rate in South Sulawesi, particularly in Makassar, poses significant challenges to the protection of children's and women's rights. This study aims to enhance community understanding in Panampu Village regarding these rights post-divorce through legal counseling. The method used is Asset Based Community Development (ABCD), which involves the community in every stage of the activity, from problem identification to evaluation. The counseling event was held on November 15, 2024, attended by 50 participants, and the pre-test results indicated a low level of understanding. However, after the counseling, the post-test results showed a significant improvement in understanding, with all participants answering correctly regarding the rights of children and women. This activity is expected to contribute to increased legal awareness and the protection of children's and women's rights in the community

Bahri Kamal; Anita Karunia; Ghea Dwi Rahmadiane

Concept: Journal of Social Humanities and Education 2024 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

This study aims to determine the Impact of Divorce on Family Economic Welfare During the Covid 19 Pandemic In Tegal City. The sampling technique used was convenience or random sampling, namely by looking at respondents who were willing to be interviewed depending entirely on the convenience of the researcher (Sekaran, 2011). Data collection techniques using observation, interviews, and literature study. The method of data analysis was qualitative using descriptive analysis used to describe how the work profile of the widow, the number of widows' debts, the level of education of the children, and the widow's efforts to maintain her economy for the needs of the family's life by going through the stages of data collection, data reduction, data presentation, draw conclusions and verify. The impact of divorce on the family economy is very much felt especially during the COVID-19 pandemic, where they have to be responsible to their families to replace the husband's role as the head of the household, do the work a man does, not only work to earn a living but they have to educate and care for them. his children. The steps they take to meet the needs of their family after a divorce, there are many ways they do, for example, side work or any work to make money to meet their needs.

Nur Hanifah, Salma; Husni Kurniawati; Dwinanda Linchia Levi Heningdyah Nikolas Kusumawardhan; Hadi Karyono

Jurnal Suara Pengabdian 45 2024 LPPM Universitas 17 Agustus 1945 Semarang

Perkawinan adalah salah satu hal yang menjadi suatu ikatan lahir batin bagi manusia untuk dapat menjalin hubungan keluarga. Perkawinan dapat dilakukan jika kedua pihak telah mencapai usia minimal yang telah ditentukan. Undang-Undang Nomor 1 tahun 1974 Tentang Perkawinan menjadi Undang-Undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-Undang Nomor 1 tahun 1974 Tentang Perkawinan, batas usia minimal perkawinan dinaikkan menjadi 19 (sembilan belas) tahun. Penelitian ini merupakan penelitian kualitatif dengan melakukan sosialisasi serta edukasi dengan warga dan perangkat desa Karangmojo Kidul, Kecamatan Klego, Boyolali. Hasil penelitian menunjukkan bahwa Perkawinan menganut prinsip bahwa calon suami istri itu jiwa raganya stabil untuk dapat melangsungkan perkawinan agar supaya dapat mewujudkan perkawinan secara baik tanpa berakhir pada perceraian dan dapat mendapat keturunan yang baik dan sehat. Membentuk keluarga yang bahagia sangat penting demi kelangsungan hidup berumah tangga, baik suami istri itu sendiri maupun anak.

Muhammad Ari Khairan; Abdul Ghanif Herlambang; Fathurrahman Fathurrahman; Almer Ragil Amri; Wismanto Wismanto

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research discusses the dissolution of marriage from the perspective of fiqh muamalah, focusing on the causes, processes, and impacts of divorce. Divorce, permitted in Islam as a last resort, is often triggered by incompatibility, economic factors, and family intervention. The aim of this study is to analyze the aspects of fiqh muamalah related to divorce, examine the emotional impact on children, and explore the role of counseling in preventing divorce. This research employs a qualitative approach using library research methods to examine the issues surrounding the dissolution of marriage within the framework of fiqh muamalah. The study emphasizes that a good understanding of the rights and responsibilities in marriage, along with the application of justice principles, is crucial for ensuring that the divorce process is more humane and offers new hope for all parties involved.

Eko Sugianto; Wahyu Prawesthi; Siti Marwiyah

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a sacred agreement in human life, although some marriages also fail and end in divorce. However, this divorce does not only stop at the end of the relationship between the two parties. But more than that, the problem of separation of joint property also often becomes a new problem after divorce. This study then aimed to review the implementation of divorce and division of property arising from marriage according to Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The research method used is normative, with a statutory approach and a conceptual approach. The results of the study showed that the legal basis for joint property is contained in Chapter VII Article 35 to Article 37 of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. Based on this law, the path to division of joint property is divided through several mechanisms, namely based on religious law, based on customary law, and based on other laws. Compared to Law Number 1 of 1974, Law Number 16 of 2019 provides more detailed and modern regulations regarding joint property compared to previous provisions. Overall, according to Law Number 16 of 2019, the authority to settle the division of joint property arising from marriage involves the court in deciding fairly based on applicable law. The court has the responsibility to ensure that the division of property is carried out with the principle of justice, taking into account the contribution of each party and their needs and economic circumstances. In the case of mediation or agreements outside the court, the court still has the authority to assess and ensure that the decisions taken are in accordance with applicable legal provisions.  

Ayu Lintang Priyan Andari; Nur Aini Risqi Yolandari; Almira Kadiva Khanza Rana; Uswatun Hasanah

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy family, sakinah mawaddah warahmai. However, it is possible that there will be disharmony with the purpose of marriage, namely disputes in the household. Continuous disputes can result in divorce where this divorce is not in accordance with the principle of monogamy. This study uses a normative method with a technique of collecting materials in the form of literature and interviews with receptionists at the Religious Court and Advocates. The legal consequences of divorce for children who are victims of divorce so they must be maintained both materially and non-materially until they are adults (mummayiz). The legal consequences for ex-wives are alimony in the form of iddah and mut'ah if requested to the Court and granted. There is a division of joint property during marriage.