scholarly journals SYIQAQ SEBAGAI ALASAN PERCERAIAN DI PENGADILAN AGAMA TULUNGAGUNG

2021 ◽  
Vol 9 (1) ◽  
pp. 175-192
Author(s):  
Mukhamad Sukur ◽  
Nurush Shobahah

Marriage is an inner and outer bond based on the rules of religion and the laws between a man and a woman to constitute both inner and outer happy family. However, the high number of failing cases and divorce decisions in the Religious Court shows that there are various factors that might be a trigger to the failure of a marriage. A number of divorce cases data in Tulungagung Regency shows 225 divorce cases per month with an average of 20 lawsuits every day. The data in 2017 show that out of 3,114 divorce cases 2,150 cases were filed by women. The results of the analysis show that the high divorce rate is one of the dominance factor of dispute or quarrel (syiqoq) which was triggered by the following reasons; economy, one party leaves another party, continuous disputes, domestic violence, adultery, drunkenness and gambling. The high interest of the people of Tulungagung Regency who work as both Indonesian workers and female workers (TKI/ TKW) allegedly contributed to high divorce rate by the reason of syiqoq.

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Syaifuddin Syaifuddin ◽  
Sri Turatmiyah

Divorce cases in the Islamic Court of Palembang (Pengadilan Agama Palembang) becomes the top of the list, during the year 2009 (72%), 2010 (72%) and 2011 (in June) about 70%. The purpose of this study is to analyze the causes of high divorce rate happening in the city of Palembang, beside to explain the forms of legal protection and analyzes the factors that becoming obstacles for the wife in a filed divorced. The research was conducted with a Normative-Juridical approach which is completed with Empirical Juridical, The location is in the jurisdiction of the Islamic Courts in Palembang (Pengadilan Agama Palembang. Causes of high divorce cases in the city of Palembang, among others: a) economic factors; b) Lack of responsibility; c) a young age and no permanent employment; d) cheating and Unhealthy polygamy as well as domestic violence.  Legal protection towards wives who filed the divorce, in Indonesian legal system has been arranged as equality in law and equal treatment before the law and the right to justice. Barriers toward the wife filing the divorce among others: cultural factors, economic dependence, lack of knowledge, and bias Perspective of judges who tend to blame the women, the long process of trial and expensive fees to be paid, also Over valued self-esteem in Indonesian people's community, as well as women's rights arenot easily executed.                                                                                                   Key words: legal protection, divorce process


Mahakim ◽  
2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Syaefullah Dan Nurmahmudah

The divorce case in the Indramayu Regency Religious Court in 2018 the divorce rate is still high, the factors that cause divorce in the Indramayu Religious Court in 2018 are economic factors of 5296 cases, leaving one party 56 cases, sentenced to 36 cases, ongoing disputes 25 cases, 5 cases of gambling, 2 cases of polygamy, 2 cases of disability, domestic violence 2 Case, forced marriage of 2 cases and apostasy of 1 case. The results of the analysis of economic factors are the main causes of divorce because many husbands do not provide for their wives and children, resulting in ongoing disputes and arguments in the household. So that many wives decided to sue her husband for 5170 people, and after divorce decided to go abroad to become migrant workers. Based on data from the BP2TKI LTS in 2018 the workforce from Indramayu is still dominated by female workers totaling 13,480 people, a factor causing divorce in Indramayu also because the education level of divorce actors is still low based on statistical data from the Indramayu Religious Court in 2018 of 3296 plaintiffs / the majority of applicants were educated only to the level of elementary school graduated. Keywords: Divorce, Analysis, Economy


Author(s):  
Rutuja Dinkar Pundkar

Background: Starting from Vedic age to twenty first century, women have never been given equal freedom as of males. It is always the women who have to be on the tight rope, subject to inequality and looked down as an inferior sex. The aim and objective of the study was to estimate the prevalence of domestic violence.Methods: 776 married females were selected by systematic random sampling from the field practice area under primary health care. Prior a pilot study was carried out among 25 married class IV female workers. A predesigned and pretested questionnaire was used and all the confidentiality was maintained. Statistical analysis was done using SPSS 21 software.Results: Average age of the respondents was 28.13 years with range 18 to 56 years. Overall 96% respondents were literate, whereas literacy rate in rural population in parent district was 67.8%. Majority number of respondents were housewives i.e. 58.37%.Conclusions: Various sociodemographic factors like age of the women, education of women and perpetrator, age at marriage of women, and the socio-economic status shows inverse relationship with occurrence of domestic violence. More economic empowerment, along with higher education, may provide women with the ground of awareness protesting platform eventually promoting protective factors against domestic violence.


Al-Mizan ◽  
2020 ◽  
Vol 16 (1) ◽  
pp. 1-26
Author(s):  
Ahmad Jazil

Pre-marital marriage cource aims to equip brides-to-be with understanding and knowledge and skills about married life, hoping that in the future they can create a harmonious family while reducing conflict, domestic violence and divorce. This study discusses the existence of pre-marital marriage course in the Ujung Tanah District, Makassar City. This study uses a qualitative approach with data collection methods through interviews. The results of this study indicate that participants of premarital marriage course in the Ujung Tanah District, Makassar city are participants who have registered at the Office of Religious Affairs, but have not yet entered into a marriage contract. The fact that after following pre-marital marriage course, the couples feel each other's self confidence increases and their are better prepared to live a domestic life, so that the existence of pre-marital marriage course can create a happy family. However, in the implementation there were also obstacles faced by the facilitators and the guidance participants.


Author(s):  
Sulaiman Sulaiman ◽  
Muzakir Muzakir ◽  
Ema Syithah ◽  
Baharuddin Baharuddin ◽  
Ainon Mardhiah

The purpose of this study was to look at the factor of increasing divorce rates in the city of Sabang. This research integrates library research and field research using a qualitative approach. This study uses. descriptive method of analysis The highest results of the study showed that the factor of increasing divorce in Sabang City was caused by; first, continuous disputes and disputes amounted to 80 cases, secondly, leaving one party numbered 38 cases, third, economic (family needs not met) as many as 9 cases, fourth, domestic violence in 5 cases, and fifth, sentenced to imprisonment ( involved in the use of narcotics) totaling 4 cases, the data is the data of the last three years. Whereas prevention efforts to avoid divorce are carried out by conducting marriage counseling conducted by the Office of Religious Affairs in the Sabang City area, at least one week before the implementation of the marriage contract, this guidance activity is mandatory for couples to marry, besides the Shari'ah Court of Sabang also conducted mediation with every party who filed a divorce or divorce divorce, out of the 63 cases of mediation cases that entered, only 5 cases of mediation were successfully mediated in the last three years and if the mediation attempt was unsuccessful a register was held to proceed to the trial stage.


2017 ◽  
Vol 7 (1) ◽  
pp. 1-27
Author(s):  
Moh. Faizur Rohman

Abstract: this article discusses changes brought by the ruling of Constitutional Court No. 69/PUU/XIII/2015 which reviewed Marriage Law No. 1/1974, article 29 on pre nuptial agreement.  The article previously stated that such an agreement must be done prior or at the eve of marriage contract was signed. The Constitutional Court  decided upon a petition that nuptial agreement may be done prior the marriage or during the marriage. The implication of this reuling by Constitutional Court is the additional legal protection regime that women can have in marriage against misfortunes such as domestic violence and property loss. In doing so, married couples will be focused on the realization of islamic marriage of everlasting, peaceful and happy family.  Abstrak: Salah satu tujuan utama pernikahan adalah terbentuknya keluarga yang bahagia, kekal, penuh kasih sayang di antara suami istri. Namun di luar itu berkemungkinan terjadi permasalahan dalam perkawinan, sehingga butuh diadakan sebuah perjanjian perkawinan. Dalam Undang-Undang Perkawinan Nomor 1 Tahun 1974 pasal 29 ayat (1) disebutkan bahwa perjanjian perkawinan harus diadakan saat atau sebelum perkawinan dilaksanakan. Hal ini dapat mengganggu konsentrasi pasangan terhadap tujuan utama perkawinan. Ditetapkannya putusan MK Nomor 69/PUU/XIII/2015, menjadikan frasa “pada waktu atau sebelum perkawinan dilangsungkan” dalam pasal 29 ayat (1) dimaknai dengan “pada waktu, sebelum dilangsungkan atau selama dalam ikatan perkawinan”. Jadi, perjanjian perkawinan yang semula harus diadakan sebelum atau saat perkawinan dilangsungkan, sekarang boleh diadakan setelah perkawinan dilangsungkan selama dalam ikatan perkawinan. Implikasi dari hal ini adalah adanya perlindungan hukum lebih, terutama bagi perempuan agar tidak menjadi korban kekerasan dalam rumah tangga, menjamin perlindungan terhadap hak milik atau hak guna bangunan suatu harta, pasangan juga lebih fokus terhadap tujuan utama perkawinan yakni membentuk keluarga yang bahagia, kekal, penuh kasih sayang bersama pasangan.


Author(s):  
Nisha Yadav ◽  
Nirmala Kumari ◽  
Parmeshwari . ◽  
Pooja . ◽  
Pooja . ◽  
...  

Background: Child abuse is a kind of domestic violence that involves all forms of physical, emotional and sexual maltreatment and negligence of children under the age of 18 years which potentially or actually damages all aspects of their health. Child abuse is a global problem with serious lifelong consequences. In India the child abuse has not received enough attention. There have been few and irregular efforts to understand and address the problem. Aim was to assess the level of knowledge regarding prevention of child abuse among parents.Methods: Descriptive Survey design was used. The study population comprised of parents of children less than 18 years of age. A sample of 60 parents were selected by non-probability purposive sampling technique. A self-structured questionnaire was used to assess the knowledge regarding child abuse among parents. Informed consent was taken from each participant prior to data collection and descriptive and inferential statistics were used to analyse the data.Results: Majority of parents 60% had poor or fair level of knowledge, 39% had good knowledge whereas only 1.6% had excellent knowledge. There was a significant association between knowledge and age of mother at 0.02 level of significance.Conclusions: The finding of the study concluded that the knowledge regarding child abuse among parents was inadequate.  Considering this aspects further awareness drives can be conducted to make the people alert about child abuse and its prevention.


2020 ◽  
Vol 1 (2) ◽  
pp. 110-131
Author(s):  
Herdiana Sihombing ◽  
Elisamark Sitopu ◽  
Herowati Sitorus ◽  
Roy Charly HP Sipahutar ◽  
Bintahan M. Harianja

The high divorce rate in Indonesia, including among Christian families, has in recent years been a struggle together. Divorce itself is the mouth of a variety of pressures faced by Christian families that are not properly resolved. Not a few Christian families have a vulnerable resilience due to their inability to manage conflicts that occur. On the other hand, the Church must recognize that it has an ethical and theological responsibility to maintain the resilience of the family members of its congregation. However, the fact is that most churches do not have a programmed mission to nurture husband and wife members of their congregations in order to maintain family resilience. In fact, many churches do not have documented teaching material for cultivating Christian families. This article is a summary of development research that seeks to create a design for Christian husband and wife formation materials that can later be used by church leaders for the survival of the family of church members. The research method used is Research and Development (R & D), which is used to produce certain products, and test their effectiveness. In this research, the design of Christian husband and wife guidance materials for the family resilience of church members is produced.


2015 ◽  
Vol 13 (1) ◽  
Author(s):  
Victoria P. Padilla

Life is certainly not a fairytale and in this kind of situation, “happily ever after” is not very common. These are the stories of five women-survivors of domestic violence who dreamed of having a happy family, but in the end, their dreams contradicted reality. This interpretivist qualitative study was designed to look into a deeper understanding of collective accounts of women-survivors of domestic violence. The narrative inquiry was employed using the in-depth interview method. The study revealed that these women experienced various forms of domestic violence and were caused by men’s bad habits, problems arising from the family, and jealousy of a man or a woman. Several strategies were employed by these women to improve their lives. This tough decision to free themselves from the abuse made them better individuals, developed a stronger bond with their children, and increased faith in God.   Keywords - Domestic Violence, Violence against Women, and Children, Survivors


2020 ◽  
Vol 14 (1) ◽  
pp. 113-129
Author(s):  
Wardah Nuroniyah

There are a lot of divorces conducted outside the court that occurs in Cangkring Village, Indramayu Regency. Uniquely in this village Lebe (a marriage registrar officer) became a facilitator in matters of divorce including in terms of handling administratively the data of divorced couples without submitting to the Religious Courts. Through a socio-juridical study, it is understandable as a choice for the community in resolving conflicts in marriages. There are many reasons for choosing divorce by Lebe, the individual reasons, such as the geographical location of the village that far from the court, economic factors, early marriage, low human resources, or local socio-cultural conditions that affect a person to do divorce through the Lebe. Based on the theory of social action by Talcott Parsons, the actors who chose divorce through Lebe are considered easier to achieve its goal of divorce. Divorce by Lebe in Cangkring village is intended to curb peace and legal protection for the people who have a very high divorce rate. The community was given convenience because the rules in divorce are not as complicated as the divorce process in the Religious Court, even though it is considered illegal.


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