Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA
Abstract
Marriage is an outer and inner bond between a woman and a man which is manifested in the form of a household whose hope is to achieve happiness, sakinah, mawaddah, warrahmah and eternal based on God Almighty. Basically, marriage is an important thing in order to obtain a balance of life in terms of psychological, biological, and even social. The journey in fostering a household is not an easy thing and it is not possible without problems, especially until entering the old age which is certainly influenced by several factors that cause household rifts that lead to divorce in the elderly.The results of the first study are 1) The basis for the judge's consideration in deciding the case Number 3952/Pdt.G/2020/PA.Kab.Mlg regarding talak divorce in the elderly, namely Article 19 letter (b) Government Regulation Number 9 of 1975 in conjunction with Article 116 letter (b) Compilation of Islamic Law. and Article 39 of Law Number 1 of 1974 concerning Marriage. Furthermore, Article 19 letter (b) of Government Regulation Number 9 of 1975 in conjunction with Article 116 letter (b.Based on the provisions of Article 34 Paragraph (2) of Law Number 1 of 1974 jo. Article 83 Paragraph (2) Compilation of Islamic Law. Article 5 letter (d) jo. Article 9 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The results of the second study are 2) that the wife does not carry out her obligations to her husband because she leaves her husband without her husband's permission and without a valid reason for approximately 6 years 4 months in a row until now. The wife does not send news and the address is not known which is clear and definite in the territory of the Republic of Indonesia so that there is no family harmony. This is in accordance with Article 19 letter (b) Government Regulation Number 9 of 1975 in conjunction with Article 116 letter (b) Compilation of Islamic Law
