文章基本信息

标题：The Out of Court Divorce Model and Its Legal Implications: A Juridical Study in Babelan District Bekasi
其他标题：The Out of Court Divorce Model and Its Legal Implications: A Juridical Study in Babelan District Bekasi
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作者：Nursaidah Nursaidah ; Adi Nur Rohman ; Panti Rahayu 等
期刊名称：Syariah: Jurnal Hukum dan Pemikiran
印刷版ISSN：1412-6303
电子版ISSN：2549-001X
出版年度：2020
卷号：20
期号：2
页码：159-174
DOI：10.18592/sjhp.v20i2.3945
出版社：UIN Antasari Banjarmasin, South Kalimantan
摘要：Divorce in Indonesia, legally positive, must be carried out before a panel of judges at trial in accordance with the mandate of Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. However, out-of-court divorce is still common in several areas including Babelan district Bekasi where some of the community still practice out-of-court divorce. Out-of-court divorce even though it is considered religiously valid, leaves various legal issues such as neglect of the rights of children and wives who are divorced to the legality of the divorce itself. This study aims to find models of out-of-court divorce that are conducted by the community. Besides that, the study of the consequences and legal efforts to overcome this phenomenon are very important to be analyzed. This research is classified as a normative-empirical juridical study using a statutory approach assisted by a sociological approach. The results showed that research outside the court was carried out by: (1) kinship, and (2) through amil. From a positive legal perspective, divorce outside the court does not have a strong legal position, resulting in neglect of the right to support, distribution of assets and subsequent marriage.
关键词：akibat hukum;luar pengadilan;perceraian;Pengadilan Agama