Legal Reconstruction on Talak Divorce Regulation Based on Justice Value

Abstract

The aims of this study are to analyze and find weaknesses in the regulation of legal protection for wives who have been talak divorced by their husbands due to their husband's mistakes and to find a reconstruction of legal protection regulations for wives who are talak divorced by their husbands due to the husband's mistakes based on the value of justice in a research that uses constructivism paradigm. The approach method used is empirical juridical, namely the application of normative legal provisions in action on divorce legal events, especially divorce divorces. The data used are primary data, secondary data, and tertiary data which were analyzed descriptively. The legal theory used is the theory of Islamic justice, the theory of the legal system and the theory of legal protection. The results of the study show that the weakness of the regulation of legal protection for wives who got talak divorced by their husbands due to the husband's fault lies in the unclear article on the type of reason for the divorce and its consequences, especially when the husband who handed down the divorce was the perpetrator of the affair, and the wife as the victim did not receive compensation. therefore, the legal reconstruction can be done by adding new norms to Article 41 of Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, and also Article 149 of the Presidential Instruction (INPRES) No. 1 of 1991 concerning the KHI, namely: "The ex-husband is obliged to provide compensation in the form of a year's income to the ex-wife if the divorce is due to the husband's fault, but if the husband is unable to fulfill it then he must make a statement of incapacity and apologize to the wife for not being able to do so able to pay for it.”