PERCERAIAN DI LUAR SIDANG PENGADILAN AGAMA DITINJAU DARI TEORI DOUBLE MOVEMENT

Abstract

The law of marriage in Indonesia set that a divorce should be done in front of the Court of session. Article 65 of ACT number 7 Year 1989 amended by ACT number 3 of the year 2006 Jo Article 39 of ACT No. 1 of the year 1974 and GENGHIS ' Chapter XVI of article 115, affirming: "divorce may only be done in front of a court hearing after the concerned court trying and not managed to reconcile the two sides. " A divorce is a divorce that was done out of court does not have the force of law (no legal force). Therefore, the law considers it never existed (never existed).  The focus of the discussion is the first, how the divorce in Indonesia compared to divorce in Medina at the time of the Prophet Muhammad. Second, How a divorce court hearing outside of religions in the review of the theory of a Double Movement. The results of this study are, first, comparison of the divorce process in Indonesia by the time Prophet is different, any problems encountered our companions in their legal problem directly meet the Prophet to get the answer. However, in case of dispute, the wish for husband and wife, then their affairs can be resolved by the Government or the judge who has been given the authority to adjudicate the matter submitted to him, the second, a Policy must divorce done in front of the Court of session is appropriate and in line with the verse and Hadith that ordered against the husband in his wife's divorce is about to be divorced in a way that indication and must not play women's Party. To realize these two things in surat al-Baqarah verse 282 explained that the order to write every muamalah and there must be two witnesses.