Legal Reconstruction of Reasons for Divorce in Islamic Marriage Law in Indonesia Based on Justice Values

Abstract

This research aims to analyze and find the weaknesses in the regulation of reasons for divorce in Islamic marriage law in Indonesia currently and to reconstruct the regulations for reasons for divorce in Islamic marriage law in Indonesia based on the value of justice using a constructivist paradigm with a socio-legal research approach method by examining secondary data and primary data by finding legal realities experienced in the field as well as a qualitative descriptive method, namely where the data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. The results of the research shows that the Weaknesses in the regulation of reasons for divorce in Islamic marriage law in Indonesia consist of: a). Legal Substance where Article 19 letter (f) Government Regulation Number 9 of 1975 and Article 116 letter (f) b). The Legal Structure consists of the weaknesses of the judge and the Weaknesses of the Mediator c). The legal culture where the husband's actions are super powerful, the increasing number of media broadcasting or presenting divorce issues, a cultural shift that exists where divorce is not considered taboo in society. Therefore, The reconstruction of the regulation of reasons for divorce in Islamic marriage law in Indonesia based on the value of justice consists of a value reconstruction where improvements are made to Article 19 letter (f) of Government Regulation Number 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage and Article 116 letter (f) of the Compilation of Islamic Law so that continuous disputes as a reason for divorce can be in line with the objectives of Islamic sharia (maqashid syari'ah) being implemented. Reconstructing norms regarding Article 19 letter (f) Government Regulation Number 9 of 1975 concerning Implementation of Law No. 1 of 1974 concerning Marriage and Article 116 letter (f) Compilation of Islamic Law and Point C of Supreme Court Circular Letter Number 3 of 2023 by adding norms for divorce cases based on continuous disputes and quarrels can be granted if it is proven that the husband and wife have continuous disputes and quarrels which results in damage to religion, soul, reason, lineage and property which causes disharmony in the household.