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Journal : Jurnal Integrasi Ilmu Syariah (Jisrah)

ANALYSIS OF DIVORCE CASES IN THE BATUSANGKAR RELIGIOUS COURTS IN THE PERSPECTIVE OF LAW NUMBER 23 OF 2004 CONCERNING THE ELIMINATION OF DOMESTIC VIOLENCE Wulandari, Sri; Eficandra, Eficandra; Effendi, Amri; Octavia, Nurul Aini
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 2 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i2.13204

Abstract

This research examines forms of domestic violence and the considerations of judges at the Batusangkar Religious Court in deciding divorce cases and judges' considerations in divorce cases from the perspective of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The type of research used in writing this thesis is a qualitative approach. The results of the first research, forms of domestic violence in divorce cases. Second, the consideration of the judge at the Batusangkar Religious Court in deciding a divorce case, one party leaving the other party for 2 (two) consecutive years, a prison sentence of 5 (five) years, the husband violating the divorce agreement. The three judge's considerations regarding divorce cases are seen from the perspective of Law Number 23 of 2004.
Dispute Resolution in Marriage Customs: Cultural and Sharia Approaches in the Malakok Tradition in Minangkabau Putri, Wahyuni; Zulkifli, Zulkifli; Effendi, Amri
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13745

Abstract

The main issue in this thesis is to explain the resolution of marital conflicts among non-malacok couples in Nagari Bungo Tanjuang. This field research aims to understand and describe the process of conflict resolution and the impacts of such resolutions in marital conflicts among non-malacok couples in Nagari Bungo Tanjuang. The findings of this research indicate that the forms of marital conflicts among non-malacok couples in Nagari Bungo Tanjuang include visible conflicts such as economic factors, differences in opinions, lack of mutual respect, interference from in-laws, and domestic violence. The reason they do not engage in malacok is due to the high adat costs, amounting to 3,000,000 IDR, which only covers the adat money; further costs will follow for the malacok process. The resolution method employed is non-litigation, using family-based and customary approaches. The impact of this resolution, however, is the dissatisfaction among the conflicting parties, as no peaceful resolution was achieved as expected, which further worsens the relationship, leading to separation, either through living apart or an informal divorce. This situation negatively affects the obligations between husband and wife as well as the children. Despite the application of several resolution models in the marital conflicts, the conflicts did not result in a satisfactory solution, thus not ensuring the resilience of the marriage.