CD Skripsi
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 of Chief KAN and Ninik Mamak at research location, 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. In fact, there are still facing of divorce without a court process, one of which is in Kenagarian Tiku Utara, Agam. 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 because the economic effect of divorced.
Keywords: Divorce - Customary - Kerapatan Adat Nagari
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