JRSSEM 2023, Vol. 02 No. 8, 1728 – 1733

E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494

DOI: 10.36418/jrssem.v2i08.398 https://jrssem.publikasiindonesia.id/index.php/jrssem

THE IMPORTANCE OF ECONOMIC FACTORS AS THE

CAUSE OF DIVORCE IN THE TULUNGAGUNG RELIGIOUS

COURT

Surjanti

Bambang Slamet Eko S

1.2

Faculty of Law, Tulungagung University, Indonesia

e-mail: surjanti.unita@gmail.com, bambangtook@gmail.com

*Correspondence: surjanti.unita@gmail.com

Submitted

: March 7

2023

Revised

: March 17

2023

Accepted

: March 24

2023

Abstract: Relate to the number of cases handled by the Tulungagung Religious Court which is

dominated by divorce cases. There are two types of divorce, namely talak divorce and contested

divorce. Where in this divorce case the divorce case is dominated by the plaintiff being the woman

(wife) and the man (husband) as the defendant. The research method used is a qualitative

descriptive research method, by explaining and describing the problem through the facts obtained

in field research at trials and mediation. The results of this study are to focus on the background or

causes of divorce in the November 2022 case at the Tulungagung Religious Court. The causes that

dominate this divorce case are constant quarrels and disputes, leaving one party, and economic

factors.

Keywords: Divorce; Causes of Divorce; Economy; Religious Court.

Surjanti

Bambang Slamet Eko S

| 1729

INTRODUCTION

Marriage is a sacred bond between a

woman and a man to build a sakinah,

mawaddah, and warahmah household.

According to (Hanifah, 2019) Law Number

1 of 1974, what is meant by the definition

of marriage is the inner birth bond between

a man and a woman as husband and wife

to form a happy and eternal family

(household) based on the One True

Godhead. In essence, marriage is carried

out to live together forever, not for a certain

period, and is only separated by death. But

not all married couples can maintain their

marriage. Misunderstandings that occur fall

into and provoke disputes, and conflicts,

and end in divorce.

Divorce is the end of the legality of the

relationship between husband and wife for

a reason that does not allow both parties to

be together again. According to (Judge,

2021)the Civil Code Article, 207 divorce is

the abolition of marriage by a judge's

decision, on the claim of one of the parties

to the marriage based on the reasons

mentioned in the Act. Whereas marriages

that are carried out aim to form an eternal

and happy home. And divorce or talak is a

thing that Allah Almighty hates very much.

In the case of divorce itself, it can be in the

form of divorce on the application of the

husband (divorce talak) or a lawsuit from

the wife (divorce gugat) through a trial in

court (Kabalmay, 2015). Thus indicating,

that family life does not always occur

harmoniously. The disharmony of husband

and wife life in the household is triggered,

among other things, by imbalances in the

husband and wife relationship. One of the

main problems that are often faced in a

husband and wife relationship is the

absence of balance from the economic side.

Moreover, almost all circles put this

economic factor as a big problem. The

divorce rate over time is increasing. Divorce

occurs if both parties, both husband and

wife feel that there is no longer a match in

living a previously cultivated domestic life

(Irma Garwan, 2018).

In this divorce, the Religious Court

plays an important role in deciding cases

that have been filed, as stipulated in Article

49 of Law Number 50 of 2009 concerning

Religious Courts "Religious Courts, which

are courts of first instance are in charge and

authorized to examine, decide, and resolve

cases of cases at the first level between

people who are Muslims in the field of

marriage, inheritance, wills, and grants

made based on Islamic law, and waqf and

shadaqah". And another definition of

Religious Court is stated in Law Number 7

of 1989 "The Religious Court is one of the

executors of judicial power for people

seeking justice who are Muslims regarding

certain civil cases regulated in this Law" as

the authority of the Religious Court is

regulated in article 49 to article 53 of Law

No. 7 of 1989 which was amended by Law

No. 3 of 2006. The authority of the Courts

within the Religious Courts is expanded in

Law No. 3 of 2006 concerning Amendments

to Law No. 7 of 1989 concerning Religious

Justice. The expansion, among others,

includes the shari'a economy. This research,

it is intended to discuss how essential and

existent economic factors are as the cause

of divorce in cases entered in the

Tulungagung Religious Court (Uliyah,

2017).

1730 | The Importance of Economic Factors As The Cause of Divorce In The Tulungagung

Religious Court

MATERIALS AND METHODS

The research method used is

qualitative descriptive research by

explaining and describing problems based

on facts obtained through case research,

observation, and field research at trials and

mediation and coupled with supporting

data provided by the Tulungagung

Religious Court.

RESULTS AND DISCUSSION

The Tulungagung Religious Court is an

institution that handles various kinds of

first-degree cases such as marriage cases

which include polygamy permits, marriage

prevention, marriage refusal, annulment of

marriage, negligence of husband or wife

obligations, talak divorce, divorce, joint

property, control of children, living by

mothers, rights of former wives,

endorsement of children, revocation of

parental power, guardianship, revocation of

guardian power, the appointment of others,

indemnity against guardians, child origins,

refusal of intermarriage, marriage

certificates, marriage permits, marriage

dispensations, and guardians of a dhol. In

addition to marriage cases, the

Tulungagung Religious Court also handles

sharia economic cases, inheritance, wills,

grants, waqf, zakat/infaq/shadaqoh,

P3HP/determination of heirs, and others.

From the various cases handled by the

Tulungagung Religious Court, it can be

seen how many cases will be entered in the

November 2022 period.

Figure 1. Report on the First Instance Case at the Tulungagung Religious Court in

November 2022

In the picture above, it can be seen that

the dominating cases that are mostly

handled by the Tulungagung Religious

Court in November 2022 are divorce cases,

especially divorce. Divorce is a divorce case

filed by the female party (wife) as the

plaintiff and the male party (husband) as

the defendant. In the data recorded, there

were 164 divorce cases and 74 talak divorce

cases which dominated the cases received

in November 2022.

Getting to know more about the

divorce case, the process or stage of

litigation, especially divorce at the

Tulungagung Religious Court, after

registering and making a lawsuit letter, the

Surjanti

Bambang Slamet Eko S

| 1731

plaintiff and defendant are summoned to

attend the trial to bring together the parties

and the initial peace efforts. However, in the

initial peace efforts, no bright spots were

found, so as per PERMA No. 1 of 2016, it is

mandatory that every civil case of the first

instance must undergo mediation as an

attempt at reconciliation before

proceeding to the trial stage. In the

concept of Justice, Mediation is the most

important part of the divorce process in

religious courts. This can be seen in the

regulations governing Marriage or divorce

(Prasetyo, 2020).

In following the mediation process,

several divorce cases were found that were

indeed more filed by women. At the

divorce, stage mediation is carried out

because it is to find facts that are not found

in the trial. It is from this mediation process

that the facts about the divorce filed by the

woman (wife) are obtained because of the

economy (Elmiati, 2018). Here are some of

the things that are found when

participating in mediation:

Table 2. Results of Following the Mediation Process

Day/Date

Number

of Cases

Types of

Things

Problem Description

Tuesday

22/11/2022

4 Cases

Divorce Sue

- Marriage Age 23 years

- Last Education of Junior High

School Plaintiff & High School

Defendant

- Economic problems

Divorce Sue

- Marriage Age 7 years

- Last Education Plaintiff D3 &

Defendant High School

- Economic problems

Divorce Sue

- Marriage Age 18 years

- Last Education of High School

Plaintiffs & High School

Defendants

- Economic problems

Divorce Sue

- Marriage Age 3 years

- Last Education of High School

Plaintiffs & High School

Defendants

- Economic issues, leaving one of

the parties.

In some of the above cases everything

seems to be due to insufficient economic

needs. It's just that the problem of whether

or not the level of living is sufficient for

household needs does depend on the

household actor. In some of the cases that

1732 | The Importance of Economic Factors As The Cause of Divorce In The Tulungagung

Religious Court

have been previously described there are

cases of husbands who make a living by

becoming migrant workers. After returning

who is accustomed to living a well-off life,

after returning from overseas, the husband

does not get a good job so he is also

lacking in providing a living for the wife.

However, it was felt that it was not sufficient

for the wife to meet household needs. And

there are also those whose husband, who is

supposed to be the backbone of the

breadwinner, is relaxed and tends not to

care about life and household needs until

the wife relents to go to become a female

laborer abroad, instead of realizing that the

husband is proven to still have no job after

the wife returns to the country.

On the other hand, what causes

divorce in economic terms is not because

of shortages, but because of the changing

era more and more modern many wives

work better and have higher incomes than

their husbands. This also triggers constant

quarrels/disputes, resulting in reduced

harmony in the household. In some cases

examined in the trial, it is dominated by the

plaintiff under the pretext of frequent

quarrels, and usually, the defendant does

not attend the trial because his

whereabouts are unknown. It is often found

that the displaced party in terms of birth

and mental living is due to quarrels that

also discuss economic needs.

The household economy plays a very

important role in domestic life so, instead

of not being able to be wise and a sense of

responsibility for the needs of the family's

economy, this can lead to divorce whose

impact is obviously not to be

underestimated. This brushing is not only

for the husband the breadwinner but also

for the wife so that there is an

understanding and responsibility for the

integrity of the household

CONCLUSIONS

The Tulungagung Religious Court has

the power to examine, handle, and decide

divorce cases in Tulungagung. Of the

various cases handled, divorce is the case

that dominates the cases that enter the

Tulungagung Religious Court. More than

half of the incoming cases were contributed

to divorce cases. The causes of divorce itself

are various, ranging from adultery,

apostasy, leaving one of the parties, and

constant quarrels/disputes to the economy.

In some cases that go into the mediation

process, there is the fact that most of them

are economic problems. Where the

economy plays an important role in

household harmony. Indiscriminately the

age of marriage, but if the problem has

reached the economic realm, many married

couples divorce because of this. The need

for awareness between husband and wife

to deal with economic problems.

Understanding each other is also important

to minimize the occurrence of disputes that

lead to divorce.

Surjanti

Bambang Slamet Eko S

| 1733

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