Proposed Improvement for Divorce Resolution in Aceh And Malaysia: A Comparative Study

Jamaluddin; Faisal; Manfarisyah; Fatimah Yusro  Hashim; Muhamad Helmi  Md Said

doi:10.36941/ajis-2021-0017

Authors

Jamaluddin Fakultas Hukum Universitas Malikussaleh Aceh, Komplek Kampus Bukit Indah, Muara Satu – Lhokseumawe, Aceh, Indonesia
Faisal Fakultas Hukum Universitas Malikussaleh Aceh, Komplek Kampus Bukit Indah, Muara Satu – Lhokseumawe, Aceh, Indonesia
Manfarisyah Fakultas Hukum Universitas Malikussaleh Aceh, Komplek Kampus Bukit Indah, Muara Satu – Lhokseumawe, Aceh, Indonesia
Fatimah Yusro Hashim Fakulti Undang-Undang, Universiti Kebangsaan Malaysia, 43600 UKM, 43600 Bangi, Selangor, Malaysia
Muhamad Helmi Md Said Fakulti Undang-Undang, Universiti Kebangsaan Malaysia, 43600 UKM, 43600 Bangi, Selangor, Malaysia

DOI:

https://doi.org/10.36941/ajis-2021-0017

Keywords:

Settlement, Divorce Case, Innovation, Model, legal, Mediation

Abstract

The purpose of this study is to analyze the solution of divorce cases among the people of Aceh and to study the best practices that can be learned from Malaysia in order to create a model of a divorce case that can be practised in Aceh. This qualitative study used the interview method which was conducted in Aceh and Malaysia to learn how similar cases were resolved in Malaysia, while the secondary data was obtained through a library study. The study concludes that the Customary Court has jurisdiction to resolve divorce cases, involving either registered or unregistered marriage. However, the Customary Court failed to distinguish between criminal and civil trial cases, which led to all cases of divorce claims being processed and subsequently allowed, but the decision was only a fine. However, the Syariah court resolved divorce cases involving only registered marriages as well as cases which impose imprisonment. This study proposes the need to create a Comprehensive Divorce Case Settlement (PKPK) model which shows that divorce cases in the Customary Court can be brought before the Syariah Court by the leader of the village who is entrusted to resolve the matter.

Received: 6 October 2020 / Accepted: 10 December 2020 / Published: 17 January 2021