Docstoc

family law

Document Sample
family law Powered By Docstoc
					                  DIVORCE ON THE GROUNDS OF DOMESTIC VIOLENCE IN INDONESIA

Marriage is a sacred thing for people who live it, the purpose of marriage among others to form a
harmonious family that can form a happy mood towards the realization of peace, comfort for the
husband and wife and their family members. Islam with all its perfect view of marriage is an important
event in human life, because the Islamic view of marriage is a basic human need, is also a sacred rope or
a sacred covenant between men and women. In addition, marriage is the best means to realize the
affection of her fellow human beings can be expected to preserve the historical process of human
existence in the life of this world that will eventually bear the family as a small unit as of life in society.

Marriage to form a happy family could not be separated from environmental and cultural conditions in
developing and maintaining family relationships between husband and wife. Without such unity of
purpose results in constraints on family life, which ultimately can be dissension and schism within the
family.


In an era of progress today, more and more new issues that hit home, the more challenges in the face so
that not only the various problems faced by even their household needs increasing as advances in
science and technology. As a result the demands on each person in the household to meet the perceived
needs of the more clear. Living needs are not met it will result into one main problem in the family, the
longer the taper so that problems can be made towards the completion of a divorce when there is no
meaning for couples.


Era of globalization is a strong supporter of that influence people's behavior and the strength of
information from the west through film or mass media influence on marriage and divorce reason. Such
cultures have indirectly addressed the current attitude of Indonesian people who see that a marriage is
not sacred. Impact of economic crisis also helped trigger the increase in divorce. Starting with the
condition of society which increasingly burdened with the high price of the needs, the number of cases
of termination of employment by many companies, the decline in family income, increasing needs
munculah life and family conflict. Then the condition is worsened by rampant divorce spectacle among
artists and community leaders, cultural patterns of the Indonesian people who never separated from
the guiding figure or figures will increasingly assume that divorce is not a taboo thing that should be
avoided.


Divorce is essentially a process by which husband and wife when the relationship does not exist
anymore in marital harmony. Regarding the definition of marriage divorce law does not set explicitly,
but only decides that a divorce is only one cause of the breakup of marriage, in addition to other
reasons for the death and the court's verdict. SH Soebakti defines divorce is
"Divorce is the abolition of marriage because the judge's decision or the demands of one party to a
marriage."
With the enactment of Law No. 1 year 1974 and the Compilation of Islamic Law, where the rules are also
used as positive law in Indonesia, then to divorce granted strict and explicit restrictions either on the
terms for a divorce and filed a divorce procedure,


This is in explaining the provisions of article 39 of Law No. 1 Year 1974, namely:

    1. Divorce can only be done in front of the court hearing after court tried and failed to reconcile
       the two parties."
    2. To do the divorce should be enough reason that between husband and wife will not be able to
       live peacefully again as husband and wife."
    3. The procedure before the court hearing is set in the regulations themselves."

The provisions of article 115 of Islamic Law Compilation namely:

"Divorce can only be done at the trial court after the Court of Religion Religion and unsuccessfully
sought to reconcile the two parties"


So from the above provisions it is clear that the marriage law to tighten the occurrence of divorce in
principle, which determines the divorce can only be carried out before the trial court, must also be
accompanied by certain reasons for divorce. The breakdown in the marriage can occur because of
divorce or the divorce based on a lawsuit from the sharing rule can be in the know there are two types
of divorce and divorce divorce divorce sue


Talaq divorce is only valid for those who are Muslims and submitted by the husband. Talaq divorce is a
term typically used within the Islamic Court to distinguish the parties who filed for divorce. In a lawsuit
filed divorce party is a party to sue her husband while the divorce is filed is a wife. As mentioned in the
Compilation of Islamic Law Article 114 that:

"The breakdown in marriage due to divorce can occur because of divorce or pursuant to a divorce suit."

In connection with this background, the author wishes to make the article, where lately a lot of divorce
cases for reasons that are often detrimental to the party than his wife because of her husband's actions.
Filing for divorce from his wife on the grounds of domestic violence was justified by the law of marriage
that is set in Article 19 letter (d) of Law No. 1 Year 1974 Jo letters section 116 (d) Compilation of Islamic
Law and Law basically marriage laws to regulate and determine the reasons that can be used to file a
divorce, namely:

    1) One of the parties commit adultery or being drunk, junkie, a gambler and others are difficult to
       heal.
    2) One party left the other parties during the 2 (two) consecutive years without a legitimate reason
       or because of other reasons beyond his ability.
    3) One party gets party gets prison sentence for 5 (five) years or a more severe penalty after the
       marriage lasts.
    4) One of the severe cruelty or mistreatment that endangers others.
    5) One party gets disability or illness can not run with the consequent obligations as a husband or
       wife.
    6) Between husband and wife Persistent disputes and pertengkeran and no hope of a more
       harmonious living in the household.


In order for this writing, the writer does not deviate limit only about divorce is caused because one party
did severe cruelty or mistreatment that endangers others. Marriage is sometimes not in accordance
with the original purpose, do not know, and misunderstandings of each party regarding the roles, rights
and obligations of marriage does not make more harmonious. This can trigger a fight continuously,
eventually one of the parties to the action of force, physical or psychological harm.


Victims of domestic violence are usually women or wives who incidentally has a weak physical in
comparison to her husband. But many domestic violence cases are not reported to the authorities his
fate, one reason is the dependency of victims against perpetrators both economically and socially.
 Domestic violence is usually caused by factors not ready to lead a life of couples married then
channeled into the domestic life, and often the victims are from the wife and children.
Domestic violence under article 1 paragraph 1 Law No.. 23 years old in 2004, on the Elimination of
Domestic Violence states that domestic violence is: "any act against anyone, especially women, resulting
in misery, or suffering physical, sexual, psychological, and / or negligence of the household, including the
threat to do acts, coercion, or deprivation of liberty unlawfully within the domestic sphere
The shape of Domestic Violence as mentioned above can be done husbands against their family
members in the form of: 1) physical violence, resulting in pain, fell ill or were seriously injured; 2)
psychological violence, which resulted in a feeling of fear, loss of confidence , loss of ability to act,
feeling helpless, etc.. 3). Sexual violence, a form of sexual coercion in a way not fair, either to husband
or to anyone else for commercial purposes, or a particular purpose; and 4). Abandonment of households
that occurred within the scope of the household, which is by law required it. Moreover neglect also
applies to any person resulting economic dependence by limiting and / or prohibit an individual to work
properly inside or outside the house, so that the victim is under the control of that person. Therefore, by
reason of domestic violence in it then the wife filed a lawsuit to court the Religious to decide the
marriage bond.


Since the berlakukanya Law. 7 years in 1989 and then amended the Act No. 3 of 2006 regarding
Religious Judicature then the provisions regarding the procedure for divorce filed for divorce divorce
and to sue for those Moslems who performed at the Islamic Court, has been regulated in this Law.
Where such provisions contained in article 66 to article 86, and with diberlakukanya Religious Judicature
Act means revoke the provisions in article 63 paragraph 2 of Law No. 1 year 1974 where it states that
"Any decision by the Islamic Court affirmed the civil court."


With the implementation of the Law on Religious Courts are the courts have the competence Religion
Absolute and Relative Competence, to provide legal services and keadilaan in the field of family law and
marital property for people who are Moslems, among others, is about divorce.

Divorce courts are conducted in advance to better ensure the Islamic guidelines on divorce, because
before there is first a decision about whether a research-reason was strong enough reason for divorce
between husband and wife, unless it is also possible to act as Hakam court before making a decision
between a husband to divorce wife




Bibliography
        Djamal Latief, H. M SH , Aneka Hukum Peceraian Di Indonesia, Jakarta : Ghalia Indonesia.1982,
   1.
        Soebekti SH. Prof, Pokok-Pokok Hukum Perdata,. Cet XX1: PT Inter Massa, 1987,
   2.
   3. Noelle Nelson,”Bagaimana Mengenali dan Merspon Sejak Dini Gejala Kekerasan Dalam Rumah
      Tangga, : Gramedia, 2006,

				
DOCUMENT INFO
Description: Victims of domestic violence are usually women or wives who incidentally has a weak physical in comparison to her husband. But many domestic violence cases are not reported to the authorities his fate, one reason is the dependency of victims against perpetrators both economically and socially