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PROBLEM KOMUNIKASI DAN DAMPAKNYA TERHADAP FENOMENA PRAKTEK PERCERAIAN DI PENGADILAN AGAMA YOGYAKARTA
Divorce is a socio-legal phenomenon that is becoming increasingly complex in contemporary Muslim families, especially in urban areas such as Yogyakarta. The increase in divorce cases in the Yogyakarta Religious Court shows that domestic conflicts are no longer solely triggered by economic factors, infidelity, or violence, but also by protracted communication problems. Although poor communication is not explicitly mentioned as a reason for divorce in legislation, in practice the parties often cite communication problems as the reason or cause for filing for divorce. This study attempts to examine the legal stance of judges in resolving divorce petitions based on communication issues. Clearly, this study also looks at the legal basis and considerations of judges in responding to petitions and examines the legal stance in assessing, interpreting, and constructing the dynamics of domestic communication as a legal basis for divorce. This research is field research with an empirical legal approach and is qualitative in nature. Data was obtained through in-depth interviews with judges at the Yogyakarta Religious Court, studies or analyses of divorce rulings filed on the grounds of communication problems. Data analysis was conducted descriptively and analytically using interpersonal communication theory to identify patterns and failures of communication within households, as well as legal discovery theory to explain the process of interpretation, construction, and concretisation of norms carried out by judges in deciding divorce cases. This study shows that communication problems can act as a trigger for couples to file for divorce in the Religious Court. Judges of the Yogyakarta Religious Court regard communication problems as a substantive factor that triggers ongoing disputes and quarrels. The judges do not position poor communication as an independent legal ground; rather, they qualify it as a series of recurring conflicts that signal the breakdown of the husband–wife relationship and the loss of any possibility of reconciliation. Second, this study finds that judges’ legal stance in granting divorce petitions based on communication problems is generally grounded in Article 116 of the Compilation of Islamic Law (KHI), the Qur’an, and principles of Fiqh that emphasize the existence of continuous disputes. This legal stance is considered relevant and aligned with the interpretation that the collapse of communication elements indicates a structural and ongoing dysfunction in the marital relationship. Through the process of legal reasoning and discovery, judges construct communication failure as an indicator of a broken marriage, thereby viewing divorce as a legally just solution.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)