PENGGUNAAN MEDIA SOSIAL DAN FENOMENA KETIDAKHARMONISAN KELUARGA (STUDI KASUS DI PENGADILAN AGAMA SLEMAN)

Zulfikri, NIM.: 21203012063 (2024) PENGGUNAAN MEDIA SOSIAL DAN FENOMENA KETIDAKHARMONISAN KELUARGA (STUDI KASUS DI PENGADILAN AGAMA SLEMAN). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The investigation was instigated by the author's fascination with the phenomenon of familial discord resulting from social media usage, which ultimately culminates in divorce. Despite the existence of numerous studies examining similar topics, the present research adopts a distinct perspective. This study focuses on two particular concerns: the degree to which social media impacts familial conflicts, and the legal perspectives held by couples concerning divorce petitions within the jurisdiction of the Sleman Religious Court. Furthermore, the research investigates the legal perspectives of judges as they pertain to divorce petitions that have been sparked by disputes arising from social media. In order to investigate these concerns, the study employs a juridical-empirical methodology, utilizing legal interpretation theory and family conflict law theory. This study utilizes judgments from the Sleman Religious Court as primary data for field research (case numbers 1103Pdt.G/2023/PA.Smn, 959Pdt.G/2023/PA.Smn, 754Pdt.G/2023/PA.Smn, and 958/Pdt.G/2023/PA.Smn). In addition to judgments, interviews with judges and court clerks of the Sleman Religious Court were utilized to collect primary data. The primary data is supplemented with secondary data, which comprises interviews and primary legal materials as well as secondary legal materials sourced from scholarly works such as theses, dissertations, books, and academic articles that discuss the relationship between family discord and social media usage. The findings of the study indicate that social media has the potential to substantially exacerbate familial discord. Family disputes precipitated by the use of social media may inspire or compel one spouse to initiate divorce proceedings, either amicably or through the court. Furthermore, the objective of the judges in the Sleman Religious Court is to uncover the causes of conflicts by considering the evidence put forth by the parties seeking a divorce, with particular emphasis on the testimonies of witnesses that are called before the court. Juries often perceive social media as a catalyst for disputes in the current age of technology. Consequently, they modify the prescribed grounds for divorce to align with the legally mandated grounds for divorce as delineated in statutes, with an overarching emphasis on ongoing disputes as the predominant cause of divorce within the Religious Court as a whole.

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