TINGGINYA ANGKA CERAI GUGAT PADA MASA PANDEMI COVID-19: STUDI PADA PENGADILAN AGAMA PRAYA KABUPATEN LOMBOK TENGAH TAHUN 2019-2021

Fathurrahman, S.H, NIM.: 20203012061 (2022) TINGGINYA ANGKA CERAI GUGAT PADA MASA PANDEMI COVID-19: STUDI PADA PENGADILAN AGAMA PRAYA KABUPATEN LOMBOK TENGAH TAHUN 2019-2021. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the last three years, divorce cases have held the highest position at the Praya Religious Court. Evidenced by the cases received by the court, namely in 2019 receiving 1,009 divorce cases and in 2020 receiving 1,108 divorce cases. Then, during the Covid-19 pandemic, which took place from January to November 2021, divorce cases at the Praya Religious Court experienced an increase of 1,434 cases, with details of 270 cases of divorce divorce and 1,164 lawsuits for divorce cases. With the soaring number of divorces occurring at the Praya Religious Court in 2021, Central Lombok Regency occupies the highest position in West Nusa Tenggara Province in contested divorce cases. This study seeks to answer the question of what the wife's reason for filing for a divorce was contested at the Praya Religious Court and the factors that most influenced the soaring divorce rate in Central Lombok Regency in terms of the sociology of Islamic law using conflict theory. The research method used was observation and interviews with two judges and young legal clerks as well as five perpetrators of divorce cases being sued at the Praya Religious Court. This study shows that: First, the reasons the wife filed for divorce at the Praya Religious Court were continuous disputes and fights, a moral crisis and leaving obligations. Second, the factors that influence the increase in the number of contested divorces in Central Lombok Regency, namely adultery, drunkenness, gambling, madat, leaving one party, being sentenced to prison, polygamy, domestic violence (KDRT), disability, disputes and constant fights , forced marriage, apostasy and the economy. Third, in conflict theory it is found that many married couples cannot manage conflict properly so that the household becomes fatal such as divorce and the most common are divorces filed by wives against their husbands in the Religious Courts. In addition, there is a functional structure that does not work, triggering changes in the social structure in the family. Then, there is an imbalance between the superordinate parties (husbands) as holders of power and authority and the wife as a subordinate who is stressed due to the deviation of a husband's responsibilities and husband and wife cannot maintain their status quo. Then an action emerged from the wife which caused a change in the couple's social life, because the wife felt that she was not being treated fairly and sued her husband for divorce at the Religious Court, causing an increase in the number of divorce cases during the Covid-19 pandemic at the Praya Religious Court, Central Lombok Regency.

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