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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Nasution, Alpun Khoir
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Law, Crime, Criminology & Criminal Justice

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Wild Divorce Solutions: Perspectives from Law Number 1 of 1974, Law Number 7 of 1989, and the Compilation of Islamic Law Nasution, Alpun Khoir; Asmuni, Asmuni; Syahmedi Siregar, Muhammad Ramadhan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4374

Abstract

This study acknowledges about the illegal divorce that husbands have imposed outside the court of the perspective of Marriage Law in Indonesia. There are three problems that will be answered in this study. First, how are the illegal divorce law problems in the perspective of Indonesian Marriage Law and Islamic Jurisprudence? Second, how is the illegal divorce urgency in the perspective of Islamic Jurisprudence and Indonesian Marriage Law? Third, how is the Marriage Law solution in Indonesia against the illegal divorce? To answer these problems, a literature study has been done. Data about the illegal divorce is obtained from books or Islamic Jurisprudence books, laws or regulations, and electronic data through the website. These data are processed, analyzed, and used as materials to study about the illegal divorce by using the normative legal study methods. The results of the research have found answers to the problems above, first, there are four of the illegal divorce law problems, such as its validity, lack of legal protection, the illegal divorce couples can’t legally marry another person, and they also can’t get the rights after divorce.
Co-Authors Asmuni Asmuni Syahmedi Siregar, Muhammad Ramadhan