PRAKTIK PERCERAIAN ADAT LOMBOK DI MASA PANDEMI COVID-19 DITINJAU DARI SOSIOLOGI HUKUM
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Keywords

Customary Divorce, Husband, Wife, Law.

How to Cite

Ulfa, R. (2021). PRAKTIK PERCERAIAN ADAT LOMBOK DI MASA PANDEMI COVID-19 DITINJAU DARI SOSIOLOGI HUKUM. Dinamika Penelitian: Media Komunikasi Penelitian Sosial Keagamaan, 21(01), 151-164. https://doi.org/10.21274/dinamika.2021.21.01.151-164

Abstract

This study aims to examine the reality of the practice of customary divorce in Tawun hamlet, Lombok. As well as explaining the forms of customary divorce of the Tawun Hamlet community, in terms of sociological law. This research is a type of field research using a qualitative approach. Primary data and secondary data were collected by means of observation, direct interviews and documentation. To study further, the author uses the theory of the legal system from three elements, namely legal substance, legal structure, and legal culture. The results showed that the occurrence of customary divorce in Tawun Hamlet is a common thing and is not legally disputed by the court. Government officials from elements of village heads, hamlet heads and marriage registrar officers who contribute to customary divorce who participate in administering administrative services, clearly contradict the laws and regulations regarding marriage itself. In addition, people's understanding of divorce continues to be dominated by classical Islamic law and is textual, patriarchal, making the position of women not seen as important because divorce is understood only as a male right.

https://doi.org/10.21274/dinamika.2021.21.01.151-164
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