AKIBAT HUKUM PERCERAIAN DI BAWAH TANGAN PADA MASYARAKAT DI DESA SANDIK KECAMATAN BATU LAYAR KABUPATEN LOMBOK BARAT

Tanarja, Daniel Rinengkuh (2021) AKIBAT HUKUM PERCERAIAN DI BAWAH TANGAN PADA MASYARAKAT DI DESA SANDIK KECAMATAN BATU LAYAR KABUPATEN LOMBOK BARAT. S2 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The purpose of this research is to describe and analyze the legal consequences of under-handed divorce in the community that occurred in Sandik Village, Batu Layar District, West Lombok Regency, to describe and analyze the implementation of under-hand divorce and its legal consequences and the factors that cause under-hand divorce. , the research method used in this research is an empirical legal research method using a sociological approach to law and comparative law. The data sources are primary data as primary data and secondary data as supporting data. Data collection methods used interviews with respondents, resource persons, and literature study. Primary legal materials and secondary legal materials were analyzed using the legal analysis method. The results showed that, the implementation of the divorce under the hand was carried out by means of mentalaq one and two (talaq ba'in shughraa) after talaq one and two then talaq three was dropped, namely talaq ba'in kubra due to the legal consequences of the underhand divorce which had an impact It is very detrimental to the exwife and child because the rights that should be obtained by the ex-wife and child are not obtained after the divorce under the hand, the factors that most influence the occurrence of underhand divorce are the factor of lack of understanding of the law and economy Besides these two factors, the law enforcers who still do not pay attention to underhand divorce cases that occur in society also have an effect on the occurrence of under-handed divorce.

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