CD Skripsi
Politik Hukum Negara Dalam Pencegahan Perceraian Di Indonesia Melalui Badan Penasihatan Pembinaan Dan Pelestarian Perkawinan (Bp4)
ABSTRACT
As a legal state, Indonesia has a Marriage Law which adheres to the principle
of making divorce difficult. Divorce is regulated in Law no. 1 of 1974 concerning
Marriage as amended by Law no. 16 of 2019. Divorce only occurs if certain reasons
are fulfilled in the legislation and are carried out before the court. This relates to the
principle of complicating divorce in order to prevent someone from taking divorce
steps. Even though this law has been implemented, it cannot be denied that currently
the number of divorces that occur in society every year continues to increase.
Efforts to prevent divorce are also carried out by the government, through the
Badan Penasihatan Pembinaan dan Pelestarian Perkawinan (hereinafter referred to as
BP4) which is a partner organization of the Ministry of Religion which is engaged in
providing advice on marriage, disputes and divorce. Then there was a revitalization of
BP4 through the 14th BP4 National Conference in 2009 which was originally only a
consulting institution on marriage issues, through this National Conference it expanded
its duties not only as an extension institution, but also had more comprehensive tasks,
including providing mediation assistance to parties who litigation in the Religious
Courts. However, it is unfortunate that this change does not coincide with
strengthening the legal basis of an adequate institution and tends to experience a
decline in legal authority. Previously, BP4 had a legal basis through the Decree of the
Minister of Religion No. 85 of 1961, which was changed to the Decree of the 14th BP4
National Deliberation No. 26/2-P/BP4/VI/2009 concerning the Articles of Association
of BP4.
This research was conducted using normative juridical research studies,
namely research conducted by examining secondary legal materials that have
something to do with the material of this thesis. From the research results there are two
main things that can be concluded. First, a stronger BP4 institutional legal basis is
needed through law. So that BP4 has greater authority in terms of carrying out its
duties and functions related to efforts to prevent divorce. Second, also in terms of
strengthening legal substance, namely strengthening the legal basis of BP4 institutions
through laws, strengthening legal structures, namely regulations that also help
strengthen and assist performance in efforts to prevent divorce from BP4 itself. And
finally strengthening the legal culture, namely people's attitudes towards the law and
the legal system, which is related to beliefs in their values, thoughts or ideas. The
importance of a legal culture that is in harmony with society so as to create institutions
that are in accordance with the culture of Indonesian society in efforts to prevent
divorce itself.
Keywords: State Law Politics, Divorce Prevention, and BP4.
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