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Akbar Syahru Rama; Murni Murni

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the concept and implications of nusyuz's actions in divorce cases in the Religious Courts. Nusyuz is defined as a wife's defiance of her obligations to her husband. Nusyuz is also often the basis for filing divorce lawsuits, especially divorce petitions for divorce by the husband. This study examines how nusyuz actions are taken into consideration by Religious Court judges in deciding divorce cases, as well as their impact on the wife's rights, such as those related to iddah liaving, mut'ah living, and child custody. By using normative juridical methods based on analysis of direct trials and court decisions, this research finds that nusyuz actions have significant legal consequences for wives, especially in terms of living and other rights after divorce. However, there are also variations in the judge's assessment of the evidence of nusyuz's actions, which has implications for the final outcome of the divorce case.

Djamino Widi Sulistija; Stephanus Karnadhi

Jurnal Budi Pekerti Agama Kristen dan Katolik 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Divorce is a reality that occurs in the church with various complex causal factors ranging from economic problems, domestic violence, infidelity, quarrels and several other causes. Divorce causes deep emotional wounds and various deviant behaviors in both children and their parents. Children become sensitive individuals, easily angered, depressed and even have suicidal tendencies. This research was conducted at five GBIs located in West Jakarta. The research sources were five people from teenagers to adults whose parents were divorced. This type of research is field research and the author uses qualitative methods. The research results show that divorce is indiscriminate, it can happen to congregations and servants of God. The divorce that occurred in five GBIs gave rise to complex deviant behavior such as LGBT and suicidal thoughts. The author's findings show that the problem of parental divorce does not cause children to abandon their worship as much as 80% of respondents and only 20% have a major impact. Meanwhile, at school, there was no visible decline in children's grades. As many as 80% of respondents showed good enthusiasm for learning and achieving achievements at school. The remaining 20% ​​of their learning achievement decreased. From this analysis it can be concluded that the impact of divorce on children's worship and school grades is very small.

Berliana Aliefia Putri; Fatkul Chodir

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

The results of this research are: Judging from the Syafi'i madzhab fiqh related to the contents of the decision in case Number 1835/Pdt.G/2023/PA.Mr which includes child support and implementing the policy in article 14 of the Supreme Court Circular Letter Number 3 of 2015 regarding increases child support is 10% per year of the specified amount excluding education and health costs, which is not in accordance with the theory of fiqh of the Syafi'i school of thought. In the Syafi'i school of fiqh there is no special provision that regulates the increase in the amount of child support by 10% every year after divorce. The child support decision in case Number 1835/Pdt.G/2023/PA.Mr, which experienced an increase of 10% per year in long-term calculations, is increasingly increasing and making it difficult for the father's economy to meet the child's support demands.

Muh. Tarmizi Tahir; Alwan, Muhammad; Mashun, Mashun; Sri Harmonika; Sunardi, Sunardi

Jurnal Pengabdian Masyarakat Indonesia Sejahtera 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The problems that are the basis for divorce in the Dasang Lendang hamlet are caused by quarrels, economic problems, failure to fulfill the elements of kafa'ah in marriage, online shopping that causes debt, online gambling. So this Community Service aims to increase the optimization of religious knowledge in reducing divorce cases in the Dasan Lendang hamlet community, Kerumut Village. This Community Service activity uses the Participatory Action Research (PAR) approach. The method used in this service is Socialization. The results of the service show that providing understanding and knowledge to the community is carried out with a socialization strategy from students and lecturers by providing lectures, counseling and marriage advice to the community. So that the community is aware of the dangers of things such as a) Quarrels, b) economic problems, c) online shopping addiction. the above factors have the potential to cause household problems and trigger divorce. So that the implications for the community are expected to be active in participating in educational activities through the majlis taklim held in the prayer room and in the mosque and lectures by the tuan guru to deepen their knowledge of religion.

Pajar Ningrum; Anwar Sadat

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage or Marriage is a very strong contract (misaqon ghalidzan) to justify a sexual relationship between a man and a woman for the sake of realizing a happy family life, which is filled with a sense of peace and affection according to the rules approved by Allah.  In legal research, there are two types of research, namely normative (doctrinal) research and empirical research. The type of research used in preparing this thesis is a combination of normative (doctrinal) research and empirical research. The location for data collection in this research was at the Lubuk Pakam Religious Court, Jalan Mahoni No.3 Komp. Deli Serdang Regency Government Offices. The technique of designating a word that is abstract and not manifested in objects, but its use can only be seen through: questionnaires, interviews, observations, exams (tests), documentation, etc. The data analysis technique used in this legal research uses qualitative analysis Based on research results, the factors that cause divorce fall into various categories such as adultery, drunkenness, madness, gambling, leaving one of the parties, prison law, polygamy, domestic violence (KDRT), constant disputes and quarrels, apostasy, and economic problems. In resolving divorce case Number 1255/Pdt.G/2023/PA.Lpk at the Lubuk Pakam Religious Court, the Panel of Judges put forward in-depth legal considerations in deciding the divorce case between Kiki Andriani Binti Giarno (Plaintiff) and Juliandi Nasution Bin Sabran Nasution (Defendant) . The following is a comprehensive explanation of the considerations made by the Panel of Judges in the decision-making process: Based on the process of resolving divorce cases, this shows how the legal system functions to handle domestic disputes by considering various legal factors and relevant facts. So it can be concluded that the factors causing divorce at the Lubuk Pakam Religious Court. In this research, an analysis of the divorce case decision at the Lubuk Pakam Religious Court with Number 1255/Pdt.G/2023/PA.Lpk between Kiki Andriani Binti Giarno as the Plaintiff and Juliandi Nasution Bin Sabran Nasution as Defendant. Based on this decision, there are several main factors that led to the divorce, which reflect the dynamics of the couple's domestic life and are relevant in the general context of divorce at the Lubuk Pakam Religious Court. Considerations of the Panel of Judges in Settlement of Divorce Cases at the Lubuk Pakam Religious Court. The decision emphasizes the importance of being present in the legal process and the effectiveness of mediation as an effort to resolve disputes. About the process of resolving divorce cases (Religious Court Decision Case Study Number: 1255/Pdt.G/2023) settlement process This divorce case shows how the legal system functions to handle domestic disputes by considering various legal factors and relevant facts.

Syatria Novyardi Rialdo

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of this research is to examine the legal certainty of deeds of sharing joint rights due to divorce related to blocked land title certificates. The type of research that will be used is normative. The research approach is carried out using the statutory approach, case approach, conceptual approach and analytical approach. Sources of legal materials used in normative legal research consist of primary, secondary and tertiary legal materials. Data analysis techniques by collecting legal materials and other sources of legal materials that are relevant to the legal issues being studied. Analysis of legal materials carried out in this research is legal interpretation (interpretation) and legal construction methods, namely grammatical interpretation, systematic interpretation. Legal certainty regarding the Deed of Sharing of Joint Rights regarding divorce is based on the Civil Code, the Marriage Law and legal regulations regarding land so that the process of transferring land rights can be carried out.

Elchika Zalfa Athalia Sopian; Hazar Kusmayanti; Pupung Faisal

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The success of a peace effort through mediation is highly dependent on the strategy and skill of the mediator in reconciling couples who are about to divorce. The purpose of this study is to describe the factors related to the legal aspects regarding obstacles to the level of success of mediators as a peace effort in divorce cases and to formulate efforts to optimize the role of mediators in order to reduce the divorce rate in the Soreang Religious Court based on related laws and regulations. This writing uses a normative legal method with analytical descriptive research specifications. The author implements normative law to the facts and practices that occur in the field. Data collection techniques use literature and field studies to collect information on divorce case data and the role of mediators in the Soreang Religious Court. The results of this study indicate that first, the success of peace efforts in divorce cases in the Soreang Religious Court is influenced by various inhibiting factors, including the good faith of the parties who are less cooperative, the influence of legal counsel, the condition of the mediation room is less representative, the parties' lack of understanding of mediation, and the role of the mediator is less than optimal. Second, the mediator's skill and sincerity are the main supporting factors for achieving a successful mediation in the Soreang Religious Court. However, mediators still do not have sufficient skills and professionalism to explain and hold caucuses. This is addressed through education or training programs, as well as enforcement of mediator certification to ensure the quality, credibility, and professionalism of mediators in the Class IB Soreang Religious Court.

Mochammad Rohman Antoni; Imam Suroso

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

Every country has legal regulations governing marriage in an effort to create a clear legal basis for its implementation. Regulations regarding marriage in Indonesia in general and as a whole are regulated by Law Number 1 of 1974 concerning Marriage. Overall, Law Number 1 of 1974 concerning Marriage covers aspects relating to the requirements, procedures and rights inherent in couples who have legally entered into a marriage. Article 57 of the Marriage Law regulates mixed marriages, which are defined as marriages between two people who are subject to different laws in Indonesia because of their different nationalities. Divorce can occur in marriages, including mixed marriages. Divorce in a mixed marriage means a divorce that occurs between a husband and wife, one of whom is an Indonesian citizen (WNI) and the other is a foreign citizen (WNA). The laws and regulations governing mixed divorce are Law Number 1 of 1974 concerning Marriage and Law Number 12 of 2006 concerning Citizenship. In this research, examples of mixed divorce cases between Indonesian citizens and foreign citizens will be taken by studying the Putusan PA DENPASAR Nomor 406/Pdt.G/2020/PA.Dps which was decided at the Denpasar Religious Court, Denpasar City, Bali Province.  

Amara Roona Zahira; Bambang Daru Nugroho; Betty Rubiati

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The dissolution of a marriage bond due to divorce is a situation that marks the end of the husband and wife relationship in a marriage. Divorce can only be carried out if it is based on strong reasons, as contained in Article 39 paragraph (2), one of which is adultery as in the case of Decision Number 3466/Pdt.G/2021/PA.Dpk. This study aims to analyze and obtain an overview of the implementation of the principle of making divorce difficult in this case and examine the legal protection for the wife of her rights. This research employs a normative juridical approach method with analytical descriptive research specifications, this research consists of two stages, which are library research and field research through literature study research data and interviews. This research employs a qualitative juridical data analysis method. Based on the results of the research, the term “principle of making divorce difficult” is a principle that is applied in the context of an effort to restore the household so that this principle emphasizes that the breakup of marriage due to divorce can only be done, if it has a valid reason, namely the legal reasons contained in the relevant regulations. The dissolution of a marriage due to divorce on the grounds of adultery will certainly have various impacts including negative impacts so that a legal protection is needed for him, in this case one of which is the Judge ex officio according to his position can exercise his rights and authority on matters that are not demanded or requested by the wife such as maintenance.

Adinda Firsta Deni Maharani; Djanuardi Djanuardi; Sherly Machmud Imam Slamet

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

Divorce represents the dissolution of the marital bond between husband and wife within a household. Divorce can only occur when there are strong reasons justifying the decision. One reason that can lead to divorce, according to the Marriage Law and the Compilation of Islamic Law (KHI), is due to one party's addiction to gambling. This is reflected in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam. This study aims to understand and analyze gambling as a reason for divorce, as well as the legal protection for the wife in a divorce caused by her husband's gambling addiction, based on the Marriage Law and the Compilation of Islamic Law (KHI). This research employs a normative juridical approach with descriptive analytical specifications. The research methods used in this study include library research and field research through interviews. The data analysis method employed is qualitative juridical analysis. The research results indicate that, first, the lawsuit in the Batam Religious Court Decision Number 150/Pdt.G/2022/PA.Batam is in accordance with the provisions of Article 19 letter a of the Government Regulation on the Implementation of the Marriage Law in conjunction with Article 116 letter a of the Compilation of Islamic Law (KHI). Second, as a preventive measure to protect the rights of the wife and children in a divorce caused by gambling addiction, the wife can include claims regarding custody and support for herself in the divorce petition. After the divorce decree is issued, the wife can also file a lawsuit regarding the division of marital property.

Melani Rahmawati; Riza Noviana Khoirunnisa

Jurnal Publikasi Ilmu Psikologi. 2024 Asosiasi Riset Ilmu Kesehatan Indonesia

This research was conducted to determine the social adjustment of middle-aged teenagers who were victims of divorce in Banyuwangi using the case study method. Semi-structured interviews and observations were data collecting methods carried out with three participants who were the victim of divorce and four significant others. In the discussion, the researcher using thematic analysis technique by dividing several main themes and will divide several main themes 1.) the description of the effects of divorce, 2.) Aspects of social adjustment, and 3.) Social adjustment factors. This study revealed that the three participants whose families had divorced had almost the same social adjustment process, however, differed in dynamics and several aspects. Meanwhile, the influencing factors is environmental factor, especially the community environment to undergo social adjustments in their environment.

Dewi Rinjani; Diana Tantri Cahyaningsih

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the position of copyright as joint property in marriage and to find out whether copyright can be used as an object of joint property dispute in divorce. The method used in this research is doctrinal legal research in the form of prescriptive legal research. The approaches used are a conceptual approach, a case approach and a statutory approach. The data collection technique used is in the form of library research. The results of this research show that basically copyright can be classified as immovable property based on the provisions of Article 499 of the Civil Code and Article 506 of the Civil Code. The status of copyright as property can give copyright the status of joint property if the copyright is registered during marriage. Copyright can become joint property in marriage because Article 199 of the Civil Code stipulates that all assets acquired during marriage will automatically become joint property. The use of economic rights in the form of copyright royalties must be used for mutual benefit as long as the husband and wife are still married. Copyright can also be used as an object of joint property dispute in a divorce if a husband and wife decide to divorce because joint property must be divided fairly if a divorce occurs as regulated in Article 37 of the Marriage Law. So that the position of copyright as an object of joint property in a divorce can be justified and considered valid because it has been regulated in law.

Debora Retinawati Nababan; Elfrida Tampubolon; Prianus Mom

Jurnal Budi Pekerti Agama Kristen dan Katolik 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Analysis carried out after colonialism of what Jesus said about divorce in Matthew 19:1-9 shows how the text can be understood in the context of power and cultural domination. This research conducted qualitative research using a literature study approach. Researchers can use this research method to study, analyze and describe the meaning of Jesus' words regarding divorce through postcolonial analysis of Matthew 19:1–9 in Indonesian Christian understanding. This method considers how colonial beliefs and customs influenced the interpretation and application of Jesus' teachings on divorce. Jesus explained that divorce was not part of God's original plan, but was permitted by Moses because of the hardness of the human heart. Jesus then set a new, stricter standard: divorce was only permitted in cases of adultery.

Yupi Anesti; Mirna Nur Alia Abdullah

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Fatherless is a phenomenon which is define as the absence of the father’s role in parenting both physically and psychologically. In married life, disputes and conflicts cannot be avoided so they require trust and commitment to each other. Disputes in family life can have positive impacts, one of which is adjustment to the household environment. However, it cannot be denied that disputes can also threaten the continuity of a marriage, such as divorce. In cases of divorce, fatherless can also appear in children who are victims of divorce. Divorce results in them not being able to feel their father’s presence and his role in accompanying their growth and development. The aim of this research is to describe the fatherless phenomenon and provide an analysis of the fatherless phenomenon regarding family relationships. The research method in this article is to use a descriptive method using literature study data collection techniques. The results of the research show that the phenomenon of fatherlessness can be the cause of parents divorcing, which is due to the lack of the father’s presence in the family so that children experience an absence of figures which can cause conflict in the household and lead to divorce. However, children can also experience fatherlessness after the divorce of their parents, which is due to the lack of time for communication between the child and his father, which indicates the absence of a father figure

Fauzia Latief; Mutia CH. Thalib; Suwitno Yutye Imran

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine and analyze empirical juridical analysis of divorce due to domestic violence in the Gorontalo Religious Court and the factors causing divorce due to domestic violence in the Gorontalo Religious Court. This research discusses problems regarding divorce due to domestic violence in the Gorontalo Religious Court. This type of research is empirical juridical research or what is called field research. The results of this research explain that the empirical juridical analysis of divorce in the Gorontalo Religious Courts is caused by domestic violence, especially violence against wives, caused by various problems that are interrelated and influence each other, causing continuous disputes and quarrels. These problems include: economic conditions, lack of understanding of religion, infidelity, jealousy, drunkenness and gambling, husbands are easily emotional and are caused by the presence of one of the parents on both sides taking part in the household which can lead to a household crisis. In this case, the wife becomes vulnerable to violence because of her unequal position in society and the institution of marriage, both emotionally, socially and emotionally. This research shows that domestic violence is a significant factor in triggering divorce cases filed in the Religious Courts. And the factors that cause divorce due to domestic violence in the Gorontalo Religious Court are the dominant factors that cause divorce due to domestic violence, namely: that there is a lack of religious understanding, behavioral factors, social factors, drunkards and gamblers, disputes or quarrels and other factors. domestic violence.

Mindo Rina Tampubolon

Jurnal Teologi Injili dan Pendidikan Agama 2024 Sekolah Tinggi Pastoral Kateketik Santo Fransiskus Assisi

The family is a social unit in the order of society. The family is also an institutional subsystem or smallest unit in a larger social system, such as society, nation and state. The family consists of people who are bound by marriage, blood relationship or adoption, family members who live under one roof (house), there is interaction and communication according to their respective roles, as well as passing down habits or culture in general and practicing them independently. The family is a biosocial institution formed by at least two adults, a man and a woman who are not related by blood or have no children. Every family certainly has a goal and one of them is to have children. However, not all married couples are successful in terms of having harmony. For some families, this is not a problem because they can react to it positively. However, for some families, not having children is something that triggers problems in their household and this is also experienced by several married couples in the church. For this reason, it is necessary to provide pastoral assistance to families who do not have children to prevent divorce. The author uses a qualitative approach. The qualitative approach emphasizes the search for meaning, understanding, concepts and descriptions of a phenomenon; prioritizes quality, and is presented narratively. Research data was collected through interviews. The author conducted open interviews so as not to limit informants from conveying their understanding about the absence of children in their family. And the informants were four families from four churches in Region 1 GPP Medan - Langkat.

Syahan Nur Muhammad Haiba; Anjar Sri Ciptorukmi Nugraheni

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesian positive law, only the KHI states that child custody falls to the mother. Other regulations only state that both parents are still obliged to look after their children without providing an explanation to whom child custody is given after divorce. In child custody decisions, several decisions were found that gave child custody to the mother, but also decisions were found that gave child custody to the father. This causes legal uncertainty in determining child custody after divorce. This research aims to analyze the most appropriate indicators of the judge's consideration in decisions regarding child custody based on the principle of the child's best interests. The research method used is prescriptive normative legal research using a conceptual approach. The results of the research show that there are several indicators that can be used in considering determining child custody, namely, child welfare, parental behavior, coordination between parents, and distribution of parental time. If it is felt that other indicators are needed, the judge can add these indicators as long as they are in accordance with the principle of the child's best interests.

Catur Sakti Artaro

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This study aims to describe and understand the impact of domestic violence (DV) on children who are victims or witnesses of violence that occurs in the household. This research uses a qualitative approach with a case study method. Data were collected through in-depth interviews with 3 respondents consisting of 2 parents who divorced due to domestic violence and 1 child who experienced domestic violence. The data were analyzed using narrative analysis techniques. The results showed that domestic violence has a serious and diverse impact on children, both physically, psychologically and socially. This impact is influenced by several factors, such as the type, frequency, intensity, and duration of violence, age, gender, and characteristics of the child, as well as support and protection provided by other parties. This research provides contributions, implications and suggestions for the development of science, practice and further research.

Revaganesya Abdallah; Djanuardi Djanuardi; Betty Rubiati

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Divorce has legal consequences for the relationship between husband and wife, property, and children resulting from the marriage. Especially for children from marriage, it gives parents the obligation to maintain and educate their children. However, specifically child maintenance after divorce according to Islamic Law and the Marriage Law is the obligation of a father to his child. Case Study Research on Salatiga District Court Decision Number 102/PDT.G/2021/PN. Slt. a child filed a lawsuit against his father for post-divorce maintenance, however, the lawsuit was rejected by the Panel of Judges of the Salatiga District Court. Therefore, this study aims to determine the responsibility for fulfilling the father's maintenance of a child after divorce and the legal remedies that a child can take when the right to post-divorce maintenance is not fulfilled by using the research method, namely, the normative juridical approach method and analytical description research specifications, namely to examine events as the object of research guided by primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis method uses qualitative juridical which results in descriptive data analysis.

Ridho Mai Rizky; Vinny Meilinda; Tiara Yulanda

Inspirasi Dunia: Jurnal Riset Pendidikan dan Bahasa 2023 Universitas Maritim AMNI Semarang

The family is the first and main environment for a child to receive education, guidance and instill different values ​​and norms and develop various behaviors that are important for personal life, family and the environment. Parental division will lead to arguments and anger so that these emotions will tend to dominate the child's emotions. Based on the explanation above, researchers are interested in studying the impact of parental divorce on children's character. This research seeks to reveal how character formation influences children's psychology from the impact of parental divorce. In this research, descriptive qualitative methods were used. because to explore a particular case by conducting data mining to understand the case in detail (Tobing, H. et al., 2016). Researchers try to understand events or phenomena regarding the impact of parental divorce on the formation of children's character. According to Moh. Nazir (1988).