%0 Thesis
%9 Masters
%A Siti Anis Mahmudah, S.H, NIM.: 22203011066
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2024
%F digilib:66532
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Talak di Bawah Tangan, Samin Klopoduwur, Tindakan Sosial
%P 137
%T PRAKTEK PERCERAIAN SENTAK DI MASYARAKAT SAMIN PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (STUDI KASUS DI DESA KLOPODUWUR KECAMATAN BANJAREJO KABUPATEN BLORA)
%U https://digilib.uin-suka.ac.id/id/eprint/66532/
%X This research is motivated by the case of sentak divorce (under hand) in the  Samin community in Klopoduwur Village, Banjarejo District, Blora Regency,  which is not in accordance with what has been determined by Positive law in  Indonesia, although in Islamic law it is considered valid. Divorce in Islamic Law is  recognized and legalized on the basis of steadiness of heart and through careful  consideration, as well as with reasons that are emergency based on the existence of  sharia law. Meanwhile, in positive law, divorce is considered valid if a trial is held  before the Religious Court, as explained in Article 115 of the Compilation of  Islamic Law (KHI) Divorce is a husband's pledge before a Religious Court session  which is one of the reasons for the dissolution of marriage, after the Religious Court  tries to reconcile the two parties and is unsuccessful.  Related to the problems related to divorce sentak (under hand) in the Samin  community in the village of Klopoduwur Banjarejo District Blora Regency.  Researchers focused on two main issues, namely why the Samin community of  Klopoduwur prefers to settle divorce under the hand rather than to the Religious  Court and how the perspective of Islamic Law and Positive Law in determining the  settlement of divorce sentak (under the hand). The analysis scalpel uses the theory  of Social Action initiated by Sociologist Max Weber, the theory researchers use to  find out the basic reasons for the Samin Klopoduwur community why they still do  divorce sentak (under hand). This research uses descriptive-analytic field research  with a sociological approach because researchers want to know about the process  of resolving cerai sentak (under hand) carried out by the Samin Klopoduwur  Community. To collect research data, researchers conducted direct interviews with  the perpetrators of sentak divorce (under hand) in the village of Klopoduwur,  Banjarejo District, also complemented by the results of interviews from local  religious leaders.  The results of the research that has been conducted by researchers can be  concluded that, the Samin community in Klopoduwur Village prefers to resolve  divorce under the hand rather than to the Religious Court, because there are several  factors that researchers find, namely: because of economic factors, because of the  cost of cases that have been regulated in the Religious Courts Law, burdensome for  people whose economy is down. The factor of lack of knowledge about lawyering,  the lack of awareness of the law in the Klopoduwur community is still very  minimal, because the majority of the population there only received education only  up to the elementary-junior high school level, the factor of differences in the  perspective of the Samin community in Klopoduwur, the factor is being left by the  husband, because many husbands leave their wives and do not provide for them  physycally and emotionally. Juridically, it is clear that divorce under the hand is a  violation of the applicable positive legal rules, both according to the Religious  Courts Law, the Marriage Law, and the Compilation of Islamic Law.
%Z Pembimbing: Dr. Fathorrahman, S.Ag, M.Si