TINJAUAN YURIDIS PENYEBAB TERJADINYA PERCERAIAN DAN UPAYA PENCEGAHANNYA (Studi Kasus di Pengadilan Agama Kudus)

Abstract

Marriage is a human obligation to complete his worship of Allah SWT because it is natural for a male and female pair to know each other, observe, love each other. love each other to build a family through marriage. The government has regulated the game in Law No. 1 of 1974 and renewed through Law No. 16 of 2019 concerning Marriage. The purpose of this study is to determine the factors that cause divorce, the basis for judges' considerations, legal consequences and divorce prevention efforts carried out in the Holy Religious Court.

 The research method uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary data and secondary data. The data analysis method used is qualitative analysis.

The results of the study show that the factors causing divorce at the Holy Religious Court are leaving one party, economic factors, forced marriage, domestic violence, continuous disputes and fights (drunkenness, madat, gambling, disability, imprisonment, apostasy) . The basis for consideration of judges at the Holy Religious Court in deciding divorce cases in accordance with civil procedural law, namely in HIR Article 162 to Article 177 concerning evidence and BW or KUHPerdata Book IV Article 1864 to Article 1945, which refers to evidence, both letter and evidence. a witness who made the Judge's conviction stronger so that the Judge decided to divorce. As a result of the divorce, namely the status of husband and wife to become widows, resulting in children which include the rights and obligations of parents to children, namely maintaining and educating children, resulting in assets, namely by sharing of assets together. Lastly, efforts to prevent divorce from occurring at the Holy Religious Court are carried out in a preventive and repressive manner. First, preventive efforts, namely socialization on divorce prevention, because there are also many dispensations of marriage, the main target of this socialization is youth groups or organizations. In addition, repressive efforts were also carried out, namely by means of repressive measures carried out by the Holy Religious Court, namely by means of mediation. Mediation is the process of settlement of cases through negotiations to obtain agreement of the parties with the assistance of a mediator, as stipulated in the Regulation of the Supreme Court (Perma) of the Republic of Indonesia Number 01 of 2016. Mediation is clear and mandatory to take place, to ensure that divorce does not occur.

Keywords: Cause, Judge's consideration, divorce prevention