PENINDAKAN TERHADAP PELAKU PENJATUHAN TALAK DI LUAR PENGADILAN MELALUI SARANA/PENDEKATAN PIDANA (PENAL APPROACHMENT)

Abstract

The article of 39 of regulation Number 1 1974 about marriage which basically manages about the obligation to divorce before the court and the obligation to give reasons for the divorce, which is actually ideal law formulation as a law kullîthat can bring many advantages to the wives and children. But because the stipulation has no sanction for the doer of divorce outside the court, the practice happen in the society which they refer to the classical fiqhbooks, so it is more effective the regulation of the divorce before the court should be followed up by taking actions to the doer of talakoutside the court through penal approach