Divorce In Kangean Islands: The Study on Judge's Legal Reasoning of Kangean Religious Court, 2020-2022

Purpose of the study : This article aims to find out how the divorce conditions in the Kangean Islands are and to see how the factors that influence it and the legal reasoning used by the judge in deciding the divorce case. Methods : the method used in this study is a normative juridical method with a decision approach, the data used is secondary data, namely the decisions of the religious courts in 2020-2022, which every year 30% of the decisions are taken, the data are analyzed descriptively Results : From the research conducted, it was found that the majority of divorces in Kangean Island were carried out by a contested divorce mechanism, while the factors behind the majority were due to disputes, then followed by economic factors, legal reasoning judges were divided into empathy, namely the use of legal norms, conformity between facts and norms. , interpretation of problems and norms, as well as the use of the rules of Islamic law


INTRODUCTION
Islam is a religion of Rahmatan Lil-Alamin, meaning that Islam is a religion that teaches and introduces peace, love, and compassion in the world (Arif, 2021). As a religion of Rahmatan Lil-Alamin, Islam regulates many things, both theological aspects worship, social and mu'amalah, and humanity. Islam illustrates that human relations are not only between human relations and Allah SWT as the creator of the universe, but also human relationships with other humans. One example of human relations with other humans is the marriage relationship.
Marriage in Islam is considered a sacred bond which means worship to Allah SWT, which is carried out as a form of obedience to the sunnah of the Prophet which is to do it sincerely and responsibly and follow the existing rules (Musyafah, 2020). This is in line with Article 2 of the Compilation of Islamic Law (KHI) which defines marriage as a very strong contract or Mitsaqan Ghalidzan which is carried out to obey Allah's commands and solely because of worship (Abdurrahman, 1992). Islam actually has ordered marriage in the Qur'an, one of which is Surah An-Nur verse 32 which means " And marry those who are single among you, and also those who are worthy (to marry) of your male and female slaves. If they are poor, Allah will empower them with His bounty. And Allah is Extensive (His gift), All-Knowing ." Marriage as a sacred bond ordered by religion certainly has the same sacred purpose, in the Compilation of Islamic Law (KHI) the purpose of marriage is solely to create a sakinah, mawaddah, and rahmah household, therefore marriage is an issue that will always be interesting to discuss. it does not only concern the life of one human being, but more than that, it also affects household relations which are the central institutions that become the defense wall of human dignity and noble moral principles (Mawahib, 2019). However, this goal is often not achieved due to various factors, this is evidenced by the very high divorce rate in Indonesia (Matondang, 2014).
Article 117 KHI Defines divorce as a husband's pledge before a Religious Court hearing which is one of the reasons for the dissolution of a marriage, which was previously Article 113 of the Compilation of Islamic Law (KHI). Furthermore, divorce is defined by Imam Syafi'i as the release of the marriage contract with lafadz talak or what is similar, while Sheikh Muhamad bin Qosim Al Ghozy (Huriyani, 2008) in the book Fathul Qorieb defines divorce as a term for a release of marriage ties. The Islamic view of divorce is explained in the Hadith narrated by Abu Daud and Ibn Majah which reads: " From Ibn Umar. He said that the Messenger of Allah (saw) said, "The lawful thing which Allah hates the most is divorce ." (History of Abu Dawud and Ibn Majah). As something that is hated but allowed, Divorce has pillars and conditions, Abd al-Rāḥmān al-Jazīrī mentions that there are four pillars of divorce, namely husband, wife, talak pronunciation and qaṣdu (intention to divorce) (Dahwadin et al., 2020), further on the terms of divorce means something first must be fulfilled by the divorcing party, who will be divorced, the pronunciation and intent of the divorce. Therefore, the husband who divorces the law must be reasonable, mature, and not by coercion. Meanwhile, for conditionally divorced wives, women who are still legal wives and are still in the responsibility of their husbands, the pronunciation of conditional divorce must be expressions/utterances that have the meaning of divorce either in clear words or in the form of sarcasm (Binti Mohd Rijal & Muhammad Ali, 2020).
The divorce graph in Indonesia has increased every year, as reported by the databox based on the Central Statistics Agency (BPS) report released in February 2022, the number of divorce cases in Indonesia in 2021 reached 447,743 cases, which was an increase of 53.50%. compared to 2020 which only reached 291,677 cases. If classified by province, the highest divorce cases in 2021 will be in West Java, with 98,088 cases, followed by East Java with 88,235 cases and Central Java with 75,509 cases (Annur, n.d.).
Kangean Islands is an island that is geographically located in the eastern part of the island of Madura and is located in the north of the island of Bali. East. The Kangean Islands are divided into three sub-districts, namely Arjasa District, Sapeken District and Kangayan District (Hasanah & Kuspriyanto, 2019). The Central Statistics Agency for Sumenep Regency in 2020, the data on the area and population of the Kangean Islands, are as follows(Badan Pusat Statistik (BPS), 2020). focuses on the quarrel factor, in contrast to the author who generally analyzes the decisions for the year 2020-2022, which then only classifies them based on the causes of divorce.
Wijayanti in ramadhani (Ramadhani & Nurwati, 2021)explains that there has been an increase in divorce cases during the pandemic, departing from this the author is interested in using the decision from 2020-2022 against the backdrop of the beginning of the COVID-19 pandemic in Indonesia, as it is known that it started in March 2020, which was none other than responding to the impact of the COVID-19 pandemic on the divorce rate in the Kangean Islands. Furthermore, the divorce rate in the Kangean Islands can be categorized as high, considering that the population is only 148,063 people, but the divorce rate reaches 4044, this research is important because previously there was no recent research on the practice of divorce in the Kangean Islands, even though the number of divorces was very high. It is very important to know how divorce practices in the Kangean Islands include the factors that cause divorce, types of decisions and also the Legal Reasoning Judges in giving divorce decisions at the Kangean Religious Court. with other problems, so that the Sumenep Regency government with this data can easily take a stance to minimize divorce through guidance or other ways that can be taken and in accordance with the existing problems.

RESEARCH METHOD
This research is a type of normative research with a juridical approach, because in this study the author uses secondary data as the main material for research (Ali, 2021), where the main material is the decisions of the Kangean religious court in 2020-2022 which had previously been determined using a sample of 30% from the number of decisions each year, the data is obtained by downloading on the website of the Supreme Court's decision directory based on the year in which the decision was made. The author continues to use other literature and other supporting materials related to this research. In connection with these data, the data analysis technique used by the author is descriptive, with the aim that this data analysis will not exceed the sample limit (Gunawan, 2022), this data analysis is deductive in nature, namely based on general theories or concepts used to explain a data set or to show comparisons. or the relationship between one data set with another, or with another language by drawing conclusions from general data to be specific (Dimyati & Wardiono, 2004).

A. Divorce at Kangean Religious Court 2020-2022
Before analyzing divorce, it is important to know about the difference between talak divorce and sued divorce, the difference between the decision being granted and the decision being rejected, as well as the verstek and non verstek decisions. If it is based on the KHI, article 117 explains that talak is a husband's pledge before a religious court which is the reason for the breakup of a marriage, as for divorce lawsuits in article 132 paragraph (1) KHI is a divorce filed by the wife on her behalf in a religious court based on her territory. Talking about the presence of the litigating parties (Plaintiff and Defendant or Petitioner and Respondent) is something that affects the agenda of the trial and of course the decision, therefore the parties must be officially and appropriately summoned (Pasaribu, 2021). The absence of the parties may be due to certain valid reasons, but if the defendant is suspected of or has intentionally not been present at the first trial, even though he has been legally and properly summoned and has not appointed a power of attorney or represented his proxies, the Judge may declare the lawsuit/application. The parties are granted or rejected by verstek (Jamil & Nur, 2022). An application or lawsuit with a verdict granted means that the plaintiff or applicant can legally prove and convince the arguments of his lawsuit, on the contrary it is rejected if he cannot prove and convince his arguments (Wahyuni, 2021).  As is known, 2020 is the initial phase of the COVID-19 pandemic and 2021 is the year of the middle to the end in Indonesia, while 2022 can be said to be the first year of Indonesian society being free from Covid-19 and of course starting a new adaptation after previously having to get used to it. quarantine. From 2020 to 2021, it has quite a lot of influence on individuals and society in carrying out social life (Fauziah & Afrizal, 2021) one aspect that is quite influenced is the relationship between partners. According to data from the Supreme Court, during the COVID-19 pandemic, the number of divorce cases also increased from 20 thousand cases to 57,000 cases in June and July 2020. 80% of lawsuit cases were carried out by the wife. If we narrow it down by province, Divorce on the island of Java also experienced a significant increase in 2020, one of which was in East Java (Tristanto, 2020), Based on data from the East Java Religious High Court, in 2020 there were 18,034 divorce cases filed in court religion in 38 regencies/cities in East Java, in 2021 the divorce rate continues to rise (Fatubun, 2021).
As a survey conducted by Komnas Perempuan in April-May 2020 with 2,385 respondents in 34 provinces, it can be concluded that women are prone to feeling depression or stress due to their husbands not working or because they have lost their jobs (Saputra, 2022). Continuous disputes and quarrels clearly trigger divorce, so that it is clearly one of the factors that can be considered as the reason for the increase in divorce lawsuits in religious courts. Many factors cause divorce. In general, the cause of divorce during the COVID-19 pandemic was due to family conflicts caused by household financial economic problems, misalignment between activities and time spent together, domestic violence (KDRT), changes in communication methods, and age to raise a family (Puspitawati et al., 2021). Economic problems become a serious disturbance in home life because the wife's responsibility increases to meet family needs that exceed the limits of a wife's ability (Ramdania, 2020) Agung(Direktori Putusan Mahkamah Agung Republik Indonesia, 2022) In 2020, the reasons for divorce at the Kangean Religious Court were dominated by disputes and quarrels with a percentage of 77.2%, leaving 12.8%, domestic violence 9.4%, and compacting 0.6%. Whereas in 2021, Discord and Quarrel with a presentation of 79.6%, Leaving 6.1%, Persecution 13.6%, and Gamblers 0.7%. By mid-2022, Discord still dominates 89%, followed by maltreatment 8.6%, then excuses for abandonment 1.7% and Gamblers 0.8%(Direktori Putusan Mahkamah Agung Republik Indonesia, 2022). These disputes and/or fights are of course motivated by various factors, of course, starting from economic factors (no income and insufficient income, as well as work problems), psychological factors (cheating spouses, accusations of cheating and remarrying without permission) , and sociological factors (relationships between each partner's family, housing disputes), and moral factors (ignorance and lack of attention and disobedience to partners and abandonment).
Factors causing disputes and quarrels can also encourage physical and psychological abuse, can also be a reason to leave without news and a valid reason considering that the Kangean Islands community on average work as TKI or TKW and other entrepreneurs who require them to migrate, not something that should be done. It is surprising again that the percentage of divorces due to being left without news is quite high in the Kangean Islands. Syaifuddin Zuhdi et.al these factors made sense with the pandemic conditions at that time which was supported by the PSBB (Large-Scale Social Restrictions), where the scale of meeting each other's spouse every day was very possible to encourage friction of opinion or squabbles within the household. , starting from a reduced income to feeling bored with their respective partners.
If we re-classify based on these factors, we can find the following data. Divorce due to economic factors dominates in the Kangean Religious Court, on average due to the absence of a living or the income provided is not sufficient for daily needs.
In addition to living, another aspect is employment issues, although the divorce rate due to work is not high enough, based on the available data, several divorces are filed because of work disputes that are not in accordance with the wishes of each party of the couple. This is clearly related to the pandemic, which can be said to be a factor driving divorce, considering that during the pandemic, many workers were laid off and ended up being laid off and several others lost their jobs, causing unemployment.
In addition to economic factors, there are also psychological factors, which have been recorded as follows:  Agung Republik Indonesia, 2022) This psychological factor, the author divides into 3 aspects based on the reasons for divorce in the Kangean religious court, the first aspect , namely jealousy or in some reasons divorce is mentioned as an accusation of cheating, divorce due to excessive jealousy results in disputes and quarrels, this is because feelings of jealousy cause someone to be jealous. turns JURNAL JURISPRUDENCE Vol. 12, No. 2, 2022, pp.166-187 p-ISSN: 1829e-ISSN : 2549-5615 Website: https://journals2.ums.ac.id/index.php/jurisprudence/index 176 possessive and distrustful of their partner, jealousy can be caused by several things, such as loss of trust in a partner due to bad prejudice or negative thinking that causes a person to look subjectively, resulting in anxiety, suspicion, and quarrels (Batoebara, 2018), of quarrels and disputes that occur continuously and then lead to divorce. Second Aspect , Infidelity or unfaithfulness to a partner, Divorce cases on the grounds of infidelity are quite common, some of which are due to the absence of forgiveness to their partner or by McCullogh in McCullogh, Fincham, & Tsang, 2003(Sari, 2012 which is referred to as an attempt to forgive by people. who have been hurt by not staying away from and making peace with the perpetrator, some other divorce cases for this reason are because the infidelity has been carried out repeatedly so that Mawaddah is injured in the marital relationship. Third, couples remarry without permission, the number of divorces for this reason dominates than the two previous aspects. Remarriage without permission is not limitedly included in the reasons for divorce based on article 116 of the KHI, even though there is an offense " One of the parties commits adultery or becomes a drunkard…. ", which is based on the requirements for polygamy in the KHI which states that polygamy must be carried out with the wife's consent.
So it can be said that those who marry without permission can enter the category of adultery because the marriage is not legally valid. Fourth , forced marriages, if based on law, marriages carried out because of coercion, the forced party can cancel the marriage in the Religious Courts, but in the data that the author examines, generally couples who marry because of coercion lead to disputes and quarrels about incompatibility and others. so that the basis for filing a divorce in court.
Furthermore, there are also sociological factors, moral factors and biological factors, as shown in the table below: Sociological factors by the author are divided into two aspects, including the family aspect, based on divorce data at the Kangean Religious Court, divorce on the grounds of disharmony between the son-in-law and the in-laws or between family members and one Syaifuddin Zuhdi et.al partner is the axis of problems in marriage in the Kangean Islands, such as parents. the overly intrusive spouse and the couple's parents forcing a divorce. The next aspect is the problem of housing, from several divorce cases in the religious court, some of them are due to housing disputes, such as a husband who wants to live with his parents, while his wife wants to live with his mother. Moral factors are divided into 4 parts by the author, the first aspect is personal, such as disappointment because of other things that lead to quarrels, misunderstandings and disobedience and lack of love and love in the household. The second aspect is the news or one of the parties leaving without a clear reason and not notifying, this is a common occurrence considering that in this case most of the partners work as migrants, both migrant workers, migrant workers and inter-city migrants , this happens due to low commitment to partners and forms of partner's irresponsibility (Prianto et al., 2014). The third aspect is domestic violence.
Domestic violence does not only include physical violence but also psychological violence, sexual violence and economic violence. From the data that the writer found in the divorce case at the Kangean religious court, the most prominent violence as a reason for divorce was physical violence and psychological violence, such as beatings by a partner, swearing and abusive and dirty language. The fourth aspect is criminal, namely the reason for divorce based on criminal behavior such as drunkards, gamblers, drug users, thieves and other criminal behavior that makes the partner uncomfortable and decides to divorce.  (2) and (4) as part of the husband's dependents, which is fully explained that the husband is obliged to protect and provide for all household needs in accordance with the limits of his ability and income, the husband's dependents include maintenance, kiswah and housing, household expenses, treatment costs and medical expenses. Basically, the problem of living is not something new as a reason for divorce (Agi & Dwiprigitaningtias, 2020), but being a living problem is the biggest reason for divorce in the Kangean Religious Court. When viewed from work as the basis for providing a living, people who in fact work as entrepreneurs with middle to lower salaries in meeting household needs are often not sufficient or in their language is called a simple and mediocre life. However, when examined again, the majority of the Kangean Society is still influenced by patriarchal culture, it can be seen from their partner or in this case the wife, after marriage she only works as an ordinary housewife and generally when she works only as a trader in the market or home trader, therefore income in the household only depends on the husband, so that if the husband has problems at work or in the previous two years, namely in 2020 and 2021, with the Covid-19, the financial aspect or living becomes an aspect that is greatly influenced, causing disputes that lead to divorce.

The next highest aspect is domestic violence in moral factors, in the Kangean
Religious Court the most frequent aspect of domestic violence is physical violence, although it cannot be denied that psychological violence is also a problem. The most common forms of physical violence in the reason for divorce are beatings and slaps, the causes are based on several things, Andang Sari(Andang Sari & Haryani Putri, 2020) explains several social factors that cause domestic violence to increase in Indonesia, inequality between men and women, wife's dependence on husbands, the stigma of women in society is low and the attitude of society is indifferent, and several others (Kirana & Ni'ami, 2022). In the Kangean Island Community as previously mentioned, patriarchal culture such as inequality between men and women and the dependence of wives on their husbands due to financial inadequacy causes men to feel entitled to behave as they please, including feeling entitled to do domestic violence, even though there have been many who have done so. know that physical violence is no longer a personal problem but a state problem, where there is a special law that regulates it, namely Law no. 23 of 2004 concerning the Elimination of Domestic Violence, but the public misses or those who apply for divorce or divorce are generally because the domestic violence is rarely brought to the criminal realm.

B. Legal Reasoning Kangean Religious Court Judge in Divorcing Divorce 2020-2022
Judges have an important role in resolving legal issues, especially those whose resolutions go through the trial process (litigation) (Sulistyawan & Permana Atmaja, 2021), besides that judges in accordance with their authority in each decision must of course contain elements of law enforcement (Azizah, 2021). Talking about judges and their decisions, it is closely related to Legal Reasoning . Understanding Legal Reasoning (Legal reasoning) the key is to know in advance the meaning contained in each word arrangement. if we examine the meaning, reasoning can be interpreted as an effort to get to the truth or also referred to as a thinking process with (logical) reasoning to find the truth, while legal reasoning is essentially a thinking activity that intersects with the multi-faceted meaning of law, including multidimensional and multifaceted (Taqiuddin, 2017).
According to Sudikno Mertokusumo (Isnantiana, 2017) legal reasoning used by judges to consider a case before making a decision, previously the judge was also obliged to pay attention and try to prevent new cases or problems from arising against the decision.
Kenneth J. Vandevelde has shared five steps of legal reasoning, including: First , Identify possible sources of law, usually in the form of regulations. legislation and court decisions; Second , Analyzing the sources of the law to determine the possible legal rules and policies in these rules; Third, synthesizing the rule of law into a coherent structure, namely a structure that groups specific rules under general rules; Fourth , examine the available facts; Fifth, JURNAL JURISPRUDENCE Vol. 12, No. 2, 2022, pp.166-187 p-ISSN: 1829e-ISSN : 2549-5615 Website: https://journals2.ums.ac.id/index.php/jurisprudence/index 180 apply the structure of the rules to the facts to ensure the rights or obligations arising from those facts, by using the policy that lies in the rules of law in solving difficult cases.
Therefore, there are two points that must be underlined, namely the use of legal norms and the existence of legal facts in carrying out legal reasoning to produce a decision. While it is not unusual in certain cases, especially divorce judges are sometimes faced with a legal vacuum that requires judges to find the law, this is in line with the Ius Curia Novit Principle , in which judges may not refuse to examine, hear and decide cases on the pretext of not knowing (Hidayat, 2013). the law. the true meaning of legal discovery itself is closely related to how judges build patterns of legal reasoning as outlined in the form of juridical arguments. Therefore, to decide cases, judges can make legal discoveries with the interpretation method (Marbun & Armilius, 2018) .   If we analyze using the stages of the judge in giving a decision, in this case the judge has gone through two stages, namely: Constantizing , meaning the judge sees, knows, and justifies the occurrence of events, which are not conjectures but are certain based on evidence in evidence. In this stage , the judge must be logical and the mastery of the judge's proof of law is very much needed. Qualifying means that the judge acts to find the law against the events that have been confirmed. In this stage, the judge evaluates the arguments that have been proven and/or those that have not been proven by looking for the right application of the law.
However, based on the data that the author has analyzed the application of legal norms Article 152 of the KHI it is explained that the wife or ex-wife is not entitled to the iddah of her husband if she is nusyuz. In language, nusyuz comes from the word an-nasyz or annasyaaz which means a high place or the disobedient attitude of one of the husband and wife or a change in the attitude of the husband or wife (Zuhdi et al., 2019). In its use, Nusyuz in terms can be interpreted as the wife's actions which can be interpreted as opposing or stubbornly against the husband's will which does not conflict with religious law (Chintya, 2018), therefore the attitude of denying when advised is the same as disobeying her husband values that live and exist in society based on positive law but also unwritten law contained in statutory regulations, including the rules of Islamic law contained in fiqh .
The explanation above is in line with the rules of Islamic law which is a source of law that is not written in the books of fiqh that comes from the community and becomes a source of law, especially for people who are Muslim (Zuhdi & Widyawati, 2022 Decision is only 23.9%, then in 2021 it will increase to 73.5%, which in 2020 will be 63, 9%.
The use of Islamic Law Rules in Divorce Decisions at the Kangean Religious Court generally uses the ushuliyah rules , which read:
In addition, the rules of the Fiqhiyah Rule in the book al-Asybah wa an Nadzoir fi al-Furu' page 63 as the opinion of the Panel of Judges, which has the meaning, Rejecting damage takes precedence over obtaining benefit. After looking at the divorce decision of the Kangean Religious Court from 2020-2022, it was found the fact that the use of Islamic legal rules depends on the chairman of the panel, because some judges in their decisions do not include Islamic legal rules while several other judges in each of their decisions include one or both of the rules. the Islamic law.
The use of Islamic legal rules is used as a complement and reinforcement of legal arguments or legal norms as outlined in the decision so that it is more actual, concrete, perfect and can be accounted for by law enforcers. where it aims so that the legal arguments in the judge's decision can foster a conscious attitude that seeks only the pleasure of Allah SWT. several editorials are found that are the same even though the reasons for the divorce are different. In addition, the judge uses his interpretation related to re-convention lawsuits related to iddah, mut'ah and child custody, which are generally based on 4 things, namely:

CONCLUSION
Ability, Social Conditions, Work and Nusyuz from the Wife. used as a complement and reinforcement of legal arguments or legal norms as outlined in decisions, some judges also use Islamic legal rules such as fiqhiyyah rules and ushuliyyah rules .