Tinjauan Terhadap Permasalahan Hukum Perceraian Diluar Pengadilan (Studi Di Desa Lipatkain Kec. Kampar Kiri Kab. Kampar)

Farna, Elsha Dwi (2022) Tinjauan Terhadap Permasalahan Hukum Perceraian Diluar Pengadilan (Studi Di Desa Lipatkain Kec. Kampar Kiri Kab. Kampar). Other thesis, Universitas Islam Riau.

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Abstract

Divorce is something that is not prohibited but is also very hated by Allah SWT, divorce is the breaking of the marital bond between husband and wife followed by the termination of rights and obligations as a husband and wife pair, divorce is carried out before a court session in accordance with the divorce procedures contained in Article 38 Law No. 16 of 2019 changes to Law No. 1 of 1974. Therefore, if the divorce is not carried out before a court hearing, the divorce is not legally valid. There are still many people in the Village of Foldkain, Kec. Kampar Kiri, Kab. Kampar who divorce outside the court so that this can cause legal problems because a divorce that is carried out illegally does not have binding legal force. The problems in this research are as follows: First, how is the review of divorce outside the court in Foldkain Village, Kampar Kiri District, Kampar Regency, and second, what are the factors causing Divorce Legal Problems outside the Court in Foldkain Village, Kampar Kiri District, Kampar Regency. This study uses the Sociological Law Research Method (empirical) or Observation (Observation research), namely the author goes directly to the field to get data. As for the data collection tools in this study using interviews, questionnaires and documentation. This study uses an inductive method of drawing conclusions, namely the method of drawing conclusions from specific things to more general things. From the results of the research, the authors found that in terms of reviewing: first, divorce legal issues outside the Court in the Village of Foldkain, Kec. Kampar Kiri Kab. Kampar, that there are still many people who divorce outside the court even though they do not get legal legality, divorced couples are only witnessed by their family or relatives. , legal problems caused by divorce outside the court include joint property, custody and child support, and difficulties in administrative matters, and second are several factors behind the occurrence of divorce outside the court including economic factors, time problems, it has become a habit and lack of legal awareness. People think that divorces done outside the court are more concise, saving time and money.

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