FAKTOR-FAKTOR CERAI GUGAT DI KOTA YOGYAKARTA (STUDI KASUS DI PENGADILAN AGAMA YOGYAKARTA TAHUN 2022)

Fath Thoriq Alfarhan, NIM.: 20103050093 (2024) FAKTOR-FAKTOR CERAI GUGAT DI KOTA YOGYAKARTA (STUDI KASUS DI PENGADILAN AGAMA YOGYAKARTA TAHUN 2022). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The main factor in the increase in divorce is the progress of the times and current social changes, where women already know about their rights in the household, so they dare to ask for these rights if their husbands are unfair. In 2022, Indonesia experienced a fairly large increase in divorce, with a total of 516,334 cases, and the Special Region of Yogyakarta itself in 2022 contributed quite a high number, reaching 6,107, of which 4,537 were contested divorces, and 1,579 were divorced. The Yogyakarta Religious Court is one of the courts located at the center of government and the economy of the Special Region of Yogyakarta. Yogyakarta Religious Courts In 2022, they will receive various kinds of divorce cases, especially contested divorces every year. The divorce rate reached 1225, of which 873 were lawsuit divorces and 325 divorce divorce cases. This research aims to analyze the factors that cause the increase in contested divorces and how judges will try to respond to the increase in contested divorces in the Yogyakarta Religious Courts in 2022. The method used in this research is qualitative, descriptive-analytical in nature. The approach used is Empirical Sociology using Ralf Dahrendorf's Conflict theory to analyze the increase in divorce lawsuits in the Yogyakarta Religious Courts. The results of the research on Increasing Divorce Lawsuits in the City of Yogyakarta in 2022 with analysis of Ralf Dahrendorf's Conflict Theory found that: there is a lack of Structural Functional functions which results in conflict between husband and wife, and this conflict occurs as a result of the husband's abuse of power and authority towards the family. As a result of conflict between husband and wife, many divorce disputes will arise in the Yogyakarta Religious Court in 2022. The factors for increasing divorce include: continuous disputes and quarrels (520) cases, economics (50) cases, leaving one of the parties (33) cases, madat (4) cases, apostasy (4) cases, and sentenced to prison (1) cases. In empirical juridical terms, the judge's efforts to reduce the divorce rate have also been carried out in accordance with existing regulations with the mediation contained in Perma No. 1 of 2016 and advice during the trial as regulated in articles 82, 83 of Law no. 7 of 1989.

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