TINJAUAN YURIDIS TERHADAP PERCERAIAN DI BAWAH TANGAN : KONSEKUENSI HUKUM DAN SOSIAL

Abstract

This research is motivated by the many practices of divorce that are carried out underhand by the community without registering it with the Religious Court, even though there are legal and social consequences if doing so. The results of this study indicate that: 1) The legal consequences of divorce underhand that are obtained are: First, it is not recognized legally because the divorce is not registered in the Court. Second, cannot issue a divorce certificate because it is done outside the Court session. Third, the risk of criminal acts in polygamy, if there is falsification of documents. Fourth, it can cause problems in the division of joint property, Fifth, child custody rights are unclear. Sixth, it is difficult to demand maintenance obligations. 2) The social consequences that occur if a divorce underhand is: First, getting social stigma in society and getting gossip in the community. Second, loss of trust from those around. Third, it can have a psychological impact on children and families. Fourth, can experience further disputes. Fifth, difficulty in remarrying