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All Journal Jurnal Kajian Hukum dan Sosial
Murdan Murdan
Postgraduate IAI Qomarul Huda
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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A Judge's Response to the Phenomenon of Indonesian Legal Pluralism: The Compartmentalization of Law on Divorce Case of Sasaknese Marriage Murdan Murdan
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.9818

Abstract

The legal plurality in a civil and plural society, such as Indonesian, is necessary. Today, Indonesians practice state law and are subject to religious and customary law. The Sasaknese live in Indonesia's state territory, which requires them to submit to Indonesian state law. In contexts of ethnicity and local civilization, they need the pursuance of Sasak customary law, and in the context of Muslims, they need the subservience of Islamic law. These three laws have rules regarding marriage law, tradition, and culture. This article will discuss and deal with the response of the state officer and the Praya Religious Court in Lombok Island in the case of Sasaknese divorce. The approach is socio-legal studies and the theory of legal compartmentalization. A methodological study of this article deals with juridical-normative-empirical analysis. The critical point explored in this article is the attitude of legal compartmentalization as an essential response from judges in seeing the phenomenon of legal plurality in the Sasak society. The judges adopted legal compartmentalization to provide justice, and protection, and balance rights and obligations between men/husbands and women/wives in a family.
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