EKSISTENSI KERAPATAN ADAT NAGARI DALAM MEMINIMALISIR DAMPAK PERCERAIAN DI KENAGARIAN TIKU UTARA KABUPATEN AGAM
Abstract
In Law no.1 of 1974 as amended by Law No.16 of 2019 about Marriage (hereinafter
referred to as the Marriage Law) explains in Article 38: a marriage can be terminated due to (a)
death, (b) divorce and (c) a court decision. Traditional divorce an option for the community to
resolve marriage conflicts. In traditional divorce, the divorce handling by Kerapatan Adat
Nagari (KAN), but the divorce does not get the legality from government. In fact, we are still
found the divorce without going through a court process, one of the location can be found on
Kenagarian Tiku Utara, Agam. The purpose this research is, First, the duty of Kerapatan Adat
Nagari to reduce impact of traditional divorce. Second, the factors of that hinder implementation
role and duty of Ninik Mamak to reducing divorce on Kenagarian Tiku Utara, Agam.
The type of this research is sociological juridical research, because in this research the
author directly do the research on location or place the research has been took to provide the
problem complete and clearly about the problem being researched. This research was conduct in
Kenagaraian Tiku Utara, Agam. Populations and samples are all stakeholder related to the
research problems in this research. The data sources are primary data, secondary data, and
tertiary data. Technique of data collecting in this research was by interview, and literature
review. The data analysis in this research is using descriptive qualitative method.
The result of this research is there are two main conclusions. First, the meaning of
divorce not contained in Law no.1 of 1974 as amended by Law no.16 of 2019 about marriage,
the divorce is permitted under certain circumstances, but the divorce must be doing with by and
reasons that have regulated in the laws and regulations in Indonesian law. Second, the most
common factor that causes the divorce out of the court in community is economic factor, the high
cost of community must pay the divorce cost on the court while the most of community economic
is still low.
Keywords: Divorce - Customary - Kerapatan Adat Nagari
referred to as the Marriage Law) explains in Article 38: a marriage can be terminated due to (a)
death, (b) divorce and (c) a court decision. Traditional divorce an option for the community to
resolve marriage conflicts. In traditional divorce, the divorce handling by Kerapatan Adat
Nagari (KAN), but the divorce does not get the legality from government. In fact, we are still
found the divorce without going through a court process, one of the location can be found on
Kenagarian Tiku Utara, Agam. The purpose this research is, First, the duty of Kerapatan Adat
Nagari to reduce impact of traditional divorce. Second, the factors of that hinder implementation
role and duty of Ninik Mamak to reducing divorce on Kenagarian Tiku Utara, Agam.
The type of this research is sociological juridical research, because in this research the
author directly do the research on location or place the research has been took to provide the
problem complete and clearly about the problem being researched. This research was conduct in
Kenagaraian Tiku Utara, Agam. Populations and samples are all stakeholder related to the
research problems in this research. The data sources are primary data, secondary data, and
tertiary data. Technique of data collecting in this research was by interview, and literature
review. The data analysis in this research is using descriptive qualitative method.
The result of this research is there are two main conclusions. First, the meaning of
divorce not contained in Law no.1 of 1974 as amended by Law no.16 of 2019 about marriage,
the divorce is permitted under certain circumstances, but the divorce must be doing with by and
reasons that have regulated in the laws and regulations in Indonesian law. Second, the most
common factor that causes the divorce out of the court in community is economic factor, the high
cost of community must pay the divorce cost on the court while the most of community economic
is still low.
Keywords: Divorce - Customary - Kerapatan Adat Nagari
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