TINJAUAN YURIDIS PERJANJIAN TAKLIK TALAK DALAM HUKUM PERKAWINAN DI INDONESIA

Abstract

The number of divorce cases in Indonesia is generally caused by family disharmony caused by
economic problems, domestic violence, chronic illness, incompatibility and irreconcilable disputes. In
addition, shigat talak is a separate problem in the divorce process where the right to divorce is in the
hands of the husband, even though the wife is suing for divorce, verbality must be carried out by the
husband or grant it after a judge's decision. In many cases in Indonesia, husbands do not know the
mechanism of divorce by using sigat talik, so that when the wife files for divorce, the court gives a
verbal decision. The method used is qualitative with a library research model, field research with a
Hermeneutic-theoretical-phenomenological approach. The results of this study indicate that the divorce
process using shigat talik as the executor is the autonomous right of every Islamic community to
regulate it in a Shura bainahum (discuss between you, then the provisions of Article 41 letter C of Law
number 1 of 1974 are included in the autonomy rights of the Islamic community and constitute the
beginning of the implementation of the right to autonomy