Abstract
Divorces outside the court are widely practiced by the community.Considering that this model of divorce is not officially recordedin state administrative law, it will have implications for other civillaws. This research is a normative research using descriptiveanalysis method. The results of the study show that divorceoutside the court is a divorce that is carried out by the communityunofficially and is not recorded based on the laws and regulationsin force in Indonesia. In the perspective of Islamic law, this modelof divorce is in principle valid as long as the terms and conditionsof divorce law are fulfilled. Even so, this model of divorce fromthe perspective of positive law in Indonesia is considered invalidand the divorce agreement is deemed to have never existed,because it is not registered in state administrative law. Theimplications of divorce out of court include; the termination of themarriage bond, but both of them cannot obtain an official divorcecertificate, also has an impact on civil rights to property law, theright to care for children, and cannot sue for matters that arebinding under state law, uncertainty and has no permanent legalforce.
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