Analisis Hukum Perkawinan terhadap Perceraian dalam Masyrakat Kota Lhokseumawe dan Kabupaten Aceh Utara

Abstract

Divorce means the separated of husband and wife either by the wish of husband or wife. The divorce is usually preceded by any quarrel in the household. Basically, the divorce is not intended in the marriage. The divorce is against the norms in the marriage for having harmonious and happy family living. In the marriage, there is no the intention for getting the divorce. Hence, for the divorce, there must be strong reason, as it is stated in Article 39 verse (22) Act No. I of 1974 yo Article 19 Rule No.9 of 1975 and Article 116 KHI stating that in the divorce, it must be through Syar'iyah Court, as it is stated in Article 39 verse (I) Act No.I of 1974. The divorce is confirmed since it is expressed in the court, and again it is emphasized in Article 188 Rules No.9 of 1975 and Article 123 KHI. However, in practice, some divorce in Lhokseumawe city and North Aceh regency may be done outside of the Syari'iyah Court, particularly for the disagreed marriage. The objectives of this research is to know and describe the community opinion of the people of Lhokseumawe city and North Aceh to the divorce according to Act No. I of 1974 and Islamic Law Compilation. Some hindrances occur regarding the application of the rules and the necessary steps to be taken in the divorce process, the effect of the law from the divorce beyond of the Syar'iyah Court and its resolution. This research is prescriptive analytical with normative yuridiative and sociological yuridical approaches. The sample is taken using purposive sampling consisting of 5 (five) sub-districts, namely Blang Mangat sub-district in Lhokseumawe and Syamtalira Arun sub-district, Samudera sub-district, Dewantara sub-district, Syamtalira Baru sub-district included in North Aceh regency. The respondent is taken using purposive technique for 100 ( one hundred) and they are not divorce. The primary data is taken using the interview, questionnaire and documentary study. Secondary data is obtained through library study. Data analysis is done with qualitative approach. The result of the research shows that those who have been divorce in Lhokseumawe and North Aceh regency consider that the clauses on the divorce which is done at Syar'iyah Court and as it is stated on the Act in 1974 as well as Islamic Law Compilation can be accepted. However, the warning on the divorce which is beyond of Syar'iyah Court is not confessed by the Lawyers of Syar'iyah Court, even though according to the community that it is based on the Islamic Law. The hindrances found in the application of the rules on the divorce are such as I) there are still some divorce occur beyond of the Syar'iyah Court in Lhokseumawe city and North Aceh regency. 2) The divorce though Syar'iyah Court takes longer time and with complicated process. 3) There is no sanction for those who are divorce beyond of the Syar'iyah Court. 4) Lack of understanding to the marriage law for those married couple. The steps to be

taken are: I) the forming of clauses on the marriage, 2) arranging special rules on the sanction of the law, 3) the training for the married couple, 4) the forming of BP4 for the religion figures. The effect on the divorce beyond of Syar'iyah Court can be seen in the form of no legal certainly either seen form the status of husband, wife and also the property in the marriage which is obtained from the religion figure. It is suggested for the executives and legislative to have law upgrading on the national marriage in the divorce by considering the clauses on the divorce. For those religion figure, they should evaluate the Islamic Law Compilation, and it is particularly related to the status of the law in the divorce beyond of Syar'iyah Court. And for those higher religion figure, the strict rules should be made related to the divorce and it is in accordance with the Islamic norms.