Implikasi Hukum Putusan Cerai di Luar Pengadilan: Telaah Normatif atas Legalitas dan Keabsahan Perceraian Menurut Hukum Islam dan Peraturan Perundang-Undangan

Abstract

This study examines the phenomenon of divorce outside the court, which remains prevalent in Indonesia and creates tension between religious validity and state legality. Using a normative legal research method that combines statute, conceptual, and comparative approaches, this paper analyzes the legal standing of non-formal divorce from both Islamic law and Indonesian positive law perspectives. The findings reveal that a divorce pronounced outside the Religious Court is valid under Islamic law but lacks legal force under state law, as it violates Article 39 of Law No. 1 of 1974 and the Compilation of Islamic Law. The absence of an official divorce decree (Akta Cerai) results in legal uncertainty, loss of economic rights for wives and children, and administrative obstacles in civil documentation. Through the lens of Maqāṣid al-Sharī‘ah, the study argues that formalization of divorce through the Religious Court is not merely bureaucratic but a mechanism to ensure fundamental rights protection, particularly Hifz al-Māl (protection of property) and Hifz al-Nasl (protection of lineage). Therefore, legalizing divorce through the Religious Court and optimizing the Itsbat Talak process are essential for safeguarding justice and legal certainty.