THE OUT OF COURT DIVORCE MODEL AND ITS LEGAL IMPLICATIONS: A JURIDICAL STUDY IN BABELAN DISTRICT BEKASI

Abstract

Divorce in Indonesia, legally positive, must be carried out before a panel of judges at trial following the mandate of Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. However, out-of court divorce is still common in several areas, including Babelan district Bekasi where some of the community always practice out-of-court divorce. Even though it is considered religiously valid, out-of-court divorce leaves various legal issues such as neglect of the rights of children and wives who are divorced from the legality of the divorce itself. This study aims to find models of outof- court divorce that are conducted by the community. Besides that, the study of the consequences and legal efforts to overcome this phenomenon is significant to be analyzed. This research is classified as a normative-empirical juridical study using a statutory approach assisted by a sociological approach. The results showed that analysis outside the court was carried out by (1) kinship and (2) through amil. From a positive legal perspective, divorce outside the court does not have a strong legal position, resulting in neglect of the right to support, distribution of assets, and subsequent marriage.