WOMEN AND DIVORCE: LEGAL JUSTICE STUDY OF SOCIETAL AND JUDICIAL PERSPECTIVE TOWARD UNRECORDED DIVORCE IN ACEH, INDONESIA

Jamaluddin, Jamaluddin and Nanda, Amalia and M. Rasyid, Laila (2015) WOMEN AND DIVORCE: LEGAL JUSTICE STUDY OF SOCIETAL AND JUDICIAL PERSPECTIVE TOWARD UNRECORDED DIVORCE IN ACEH, INDONESIA. US China Law Review, 12 (8). pp. 633-694. ISSN 1930-2061

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Abstract

This article aims to explore the perspective of a judge at the Sharia Court, ulama (Islamic traditional scholars), the parties litigant, tuhaadat (indegenious elders), as well as the public related to the implementation of Article 39 of the Marriage Act which stipulates that divorce can only be done in the presence of the trial—compared with the increasing number of divorce that occur outside the court or in other terms connotated as “cerai liar” (unofficial divorce) or divorce that is not recorded in the court (unrecorded divorce). According to the state, divorce law must involve legal institutions and judicial authorites, but for some people—divorce is a domestic matter—that does not need the state to involve. Reality shows that unofficial divorce would cause hardship for the parties, especially women in the terms of civil registration. It is almost certain that in every divorce imposed by a husband against his wife outside the court, her husband does not fulfill the obligation for his wife as a result of the divorce, such as nafkah idda (divorce stipend), nafkah madiyah (judicial stipend), mut'ah (divorce alms), and the division of shared properties.

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