Putusan Perceraian Dengan Alasan Ketidakharmonisan Keluarga Di Pengadilan Agama Makassar Kelas 1A

Abstract

This research is a qualitative study which aims to find out divorce decisions based on family disharmony at the Makassar Class 1A Religious Court in 2022-2023. The research method uses qualitative analysis to provide a systematic description of a phenomenon, symptoms and conditions that occur and accurately explain the conditions that are related to the variables studied. Thus, dissecting this research uses a normative juridical and normative theological research approach. The research results show that: 1) The background that causes family disharmony in the Makassar PA decision is caused by several reasons including: likes wandering around at night without a clear reason, drunkards, not understanding their rights and obligations, laziness and infidelity. 2) The basic legal considerations used by the judge in the divorce decision are: Law no. 1 of 1974 concerning Marriage article 39 paragraph (2), and KHI article 116 No. 1 of 1991. 3) Divorce decisions due to family disharmony in the Religious Courts also use legal considerations, both based on law, jurisprudence, legal rules and expert opinions. In divorce cases, it is not necessary to look at who initiated the initial quarrel or whether one party has left the other party, but what needs to be looked at is whether the marriage can still be maintained or not. The implication of this research is that the government must actually strengthen and strengthen the regulations and arrangements for divorce, including in the process of resolving talak divorce and contesting divorce, judges need to consider the law not only from the juridical side but need to consider it from other sides such as psychology and sociology and the economics of husband and wife. who will divorce, as a basis for consideration of the decision.