Women and Divorce:Legal Justice Study of Societal and Judicial Perspective toward Unrecorded Divorce in Aceh, Indonesia

This article aims to explore the perspective of a judge at the Sharia Court, ulama (Islamic traditional scholars), the parties litigant, tuha customs, as well as the general public related to the implementation of Article 39 of the Marriage Act which stipulates that divorce can only be done in the presence of the trial coupled with the phenomenon of rising divorce rates the case out of court or in other terms connotated as "cerai liar" (unofficial divorce) or divorce that is not recorded (unrecorded divorce). Divorce law in the perspective of the country must involve legal institutions, while for the people of divorce is a domestic matter that does not need to involve the state. Reality shows that as a result of divorce that occurred outside the court would cause hardship for the wife to the husband or even in terms of residential status. It is almost certain that in every thalak imposed by a husband against his wife outside the court, her husband does not ever take into account the rights of the wife as a result of the divorce, such as nafkah idda (divorce stipend), nafkah madiyah (judicial stipend), mut'ah (divorce alms), and the division of shared properties.

Not filing a divorce case to the Sharia Court in the context of Aceh, is believed to be one of the shift to the social structure of the area it has experienced a prolonged conflict (1989-1998) and the 2004 tsunami catasthrophe. In the days before the tsunami occurred, various forms of intense conflict going on in Aceh; whereas after the tsunami, peace in its various forms - such as rehabilitation, reconstruction, and mediation - has changed the structure of Aceh in the new setting, which has happened in the case of incorporation of all matters relating to the problems that occurred during the conflict.

Author: Jamaluddin, Nanda Amalia & Laila M. Rasyid
Issue Date: July 2016
Volume: V
Issue: 2
Page Numbers: 1