Analisis Faktor Penyebab Terjadinya Perceraian di Luar Pengadilan serta Dampak Hukum terhadap Hadhanah (Studi Kasus di Kecamatan Sungai Selan)

Abstract

Divorce is the dissolution of a marital bond between husband and wife based on a court decision due to sufficient reasons that the couple can no longer live harmoniously. However, issues arise when divorce occurs outside the authority of the court. This study aims to identify the factors that lead to out-of-court divorce in Sungai Selan District and to analyze its legal implications for hadhanah This research employed a field research approach conducted in Sungai Selan District, specifically in Sungai Selan Village, Lampur Village, and Keretak Atas Village. Data were collected through interviews, observations, and documentation, involving 20 informants who experienced divorce outside the court. The data were analyzed using a qualitative descriptive method.The findings reveal four contributing factors: (1) economic limitations preventing parties from bearing litigation costs; (2) low educational background resulting in limited understanding of court procedures and legal consequences; (3) lack of legal awareness, where individuals knowingly continue the practice despite understanding its negative impact; and (4) administrative difficulties, including lengthy and costly processes, driving the community to seek informal divorce. These practices lead to the absence of legal protection regarding child support and custody rights. This study recommends increasing public awareness and understanding of legal regulations related to divorce as stipulated by Indonesian law.