TY  - THES
N1  - Dr. Lindra Darnela, S.Ag., M.Hum.
ID  - digilib72103
UR  - https://digilib.uin-suka.ac.id/id/eprint/72103/
A1  - Moh. Ghaffar Amrullah, NIM.: 23203011201
Y1  - 2025/06/10/
N2  - The high divorce rate in Indonesia over the past decade, although fluctuating, indicates that this issue remains a serious concern in society. Based on several decisions by religious courts, economic factors have been identified as one of the main causes of divorce. This study aims to examine in depth how the legal framework is constructed in efforts to prevent divorce due to economic factors in Indonesia, and to what extent harmonization exists among legal regulations in addressing this issue.
This research is a qualitative study employing a library research method and a normative juridical approach. The data used are secondary in nature, consisting of primary legal materials (statutory regulations), secondary legal materials (policies and scholarly literature in the field of law), and tertiary legal materials (dictionaries, encyclopedias, mass media, and online sources). The data were analyzed descriptively and analytically using the Legal System Theory and the Theory of the Purpose of Law.
The results show that: (1) efforts to prevent divorce due to economic factors within the legal framework remain partial, both in terms of legal substance and legal structure. Legal substance is scattered across various unintegrated regulations, while cross-sectoral legal structures are not yet governed under a unified normative framework. This leads to weak institutional coordination and suboptimal policy implementation. (2) Disharmony among legal regulations results in normative gaps and overlaps, such as the lack of regulatory linkage concerning expert involvement in mediation, expert recommendations as key assessments in marriage dispensation, mandatory premarital counseling, prenuptial agreements, integration of programs and data for economically vulnerable families, and the coordination of cross-sectoral functions. This disharmony hinders the achievement of the law's objectives and functions as a tool of social order and a guarantee of protection and social welfare.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - legal system; purpose of law; marriage law; divorce prevention efforts
M1  - masters
TI  - KONSTRUKSI ATURAN HUKUM PERKAWINAN DALAM UPAYA PENCEGAHAN PERCERAIAN AKIBAT FAKTOR EKONOMI DI INDONESIA
AV  - restricted
EP  - 163
ER  -