The Role Of Judges In Reducing Divorce Cases In The Religious Court Of Luwuk In The View Of Maqashid Sharia

Abstract

This thesis deals with the role of judges in reducing divorce cases at Luwuk Religious Court in the view of Maqashid Sharia. The description is based on the problems (1) What is the role of the judge in the divorce cases at Luwuk Religious Court? (2) What is the cause of divorce in Luwuk Religious Court? The study used qualitative methods with data collection techniques using observation, interviews, and documentation. Data analysis techniques were data reduction, data presentation, data verification, and drawing conclusions.

The results showed that: (1) The divorce process at the Luwuk Religious Court consisted of contested and talak. The role of the judge is to make mediation effective by acting as a facilitator in helping to resolve problems or disputes to reach an agreement that benefits the disputing parties so that maximum results are achieved. (2) The causes of divorce at the Luwuk Religious Court seen from the various divorce cases registered at the Luwuk Religious Court can be grouped as follows: first, the factor of adultery by one party, 2 cases; second, alcohol addiction, 12 cases; third, abuse/drugs consumption, 3 cases; fourth, gambling, 5 cases; fifth, leaving the partner alone, 213 cases; sixth, imprisoned, 4 cases; seventh, polygamy, 13 cases; eighth, domestic violence, 71 cases; ninth, physical disability, 1 case; tenth, continuous disputes and quarrels, 297 cases; eleventh, forced marriage, 3 cases; twelfth, apostasy, 7 cases; and thirteenth, economic crisis, as many as 7 cases. Meanwhile, from the aspect of filing for divorce, there are 58 cases of sued divorce and 32 cases of talak divorce.

The implications of this research are: 1) It is hoped that the judges who acts as the mediator judges will further improve their ability and knowledge in trying to resolve divorce cases at the Luwuk Religious Court, so that they no longer face language constraints when communicating with litigants during the trial. 2) Litigants who have problems in the family should not directly file for divorce in the Religious Courts before trying to resolve them, discussing them within the family. If the problems cannot be resolved amicably and they cannot find the best solution, then file a lawsuit in the Religious Court as the last solution.