“CERAI LEBE” Dalam Kajian Yuridis Sosiologis Sebagai Kearifan Lokal dalam Upaya Meminimalisir Praktek Perceraian Liar

Wardah Nuroniyah, and Asep Saepullah, and Naila Farah, (2018) “CERAI LEBE” Dalam Kajian Yuridis Sosiologis Sebagai Kearifan Lokal dalam Upaya Meminimalisir Praktek Perceraian Liar. [Experiment]

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Abstract

In Law No. 1/1974 article 39 states that "divorce can only be carried out before an authorized court, after the court concerned seeks and fails to reconcile both parties". However, divorce outside this congregation occurs a lot in the community in Cangkring Village, Indramayu Regency. Uniquely in this cangkring village Lebe (a housekeeper assistant) became a facilitator and the media in matters of divorce including in terms of handling administratively the data of divorced people without submitting to the Religious Courts. Through a sociological juridical study through divorce it is more understandable that it is a choice for the community in resolving conflicts in marriage. Many reasons for choosing Cerai Lebe, both the individual's reasons, both because of the geographical location of the village which is quite far from the city center and the court, economic factors, early marriage, low human resources, or local socio-cultural conditions that affect a person to complete divorce through more. Based on the theory of social action (action theory) by Talcott Parsons the actors who chose divorce through Lebe because it was considered easier to achieve its goal of divorce. Divorced Lebe in Cangkring village is intended to curb peace and legal protection for the people who have a very high divorce rate. The community was given convenience because the rules in Divorce were not as complicated as the divorce process in the Religious Court. Legal awareness is a form of public confidence in the applicable law. Divorce through Lebe is a form of rules that apply in a society, which is based on the sociological aspects of people's lives. This indirect choice of people to divorce Lebe Divorce is included in the form of awareness of official law which is still low. The low rule of law is characterized by a lack of awareness of the official legal rules governing divorce. Other factors that led to the low legal supremacy in the Cangkring Village community were economic conditions and low public knowledge about official law. Keywords; Divorced, Lebe, Actor, Action

Item Type: Experiment
Divisions: Fakultas Syariah dan Ekonomi Islam > Hukum Keluarga Islam (Al-Ahwal Al-Syahsyiyyah)
Depositing User: H. Tohirin S.Ag
Date Deposited: 22 Mar 2020 19:26
Last Modified: 22 Mar 2020 19:26
URI: http://repository.syekhnurjati.ac.id/id/eprint/3310

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