PREVENTION OF DIVORCE IN THE PERSPECTIVE OF FAMILY LAW : Mediation and Dispute Resolution

PREVENTION OF DIVORCE IN THE PERSPECTIVE OF FAMILY LAW: Mediation and Dispute Resolution

By: Abdullah Assagah, S.H.
Alumnus of the Ahwal Syakhsiyah Program, Faculty of Sharia, IAIN Ternate

“Through your eyes, I read a story,
A future full of love,
Yet also unforeseen challenges,
Demanding patience, understanding, and endless affection.”

The principle of making divorce more difficult under Indonesia’s Marriage Law is a strategic step aimed at preserving the integrity of households and preventing divorce from being taken lightly.

In this context, it is crucial to understand that marriage is not just a bond between two individuals but also a social institution that significantly impacts society. Therefore, efforts to strengthen marital ties are highly relevant, especially in addressing the increasing divorce rates across various societal groups.

At the end of 2024, the Religious Court of Ternate recorded an increase in divorce cases, reaching 737 throughout the year. This figure signifies a worrying rise in divorce cases (source: Halmaheranesia).

Divorce in households often results from a combination of interrelated factors.

While the causes vary, common factors include poor communication, infidelity, financial issues, and domestic violence. Infidelity is often a primary reason for divorce, as it can damage trust within a relationship and leave emotional scars that are difficult to heal. Infidelity can arise from social interactions, environmental influences, or changes in social status.

The author invites readers to explore the common challenges faced by individuals affected by divorce:

1. Economic Problems
Economic difficulties are a significant challenge that often leads to tension in households. Stress from debt, poor financial management, or income inequality can result in conflicts and deep dissatisfaction within the relationship.


2. Physical or Emotional Abuse
Domestic violence, whether physical or emotional, is highly destructive and can lead to divorce. Physical violence, verbal insults, or threats can create an environment where one partner feels unsafe and oppressed, making it difficult to sustain the relationship.


3. External Influences
External pressures from extended families or social environments can also impact relationships. Overbearing parental interference, family expectations, or societal stigma can add strain to a marriage.


4. External Stress
External stressors, such as work-related problems, family issues, or health concerns, can negatively affect relationships. If partners fail to support each other in facing these external pressures, feelings of frustration and stress may lead to separation.



To prevent divorce, couples must work together to maintain their relationship, communicate honestly, and support each other in overcoming the challenges that often arise in married life.

The Regulation of the Minister of Religious Affairs (PMA) No. 11 of 2007 further regulates premarital counseling for prospective couples. This regulation mandates that engaged couples in Indonesia undergo premarital counseling before marriage. The aim of this counseling is to prepare couples with the knowledge and skills necessary to navigate married life, including conflict resolution, effective communication, and understanding marital rights and responsibilities.

Premarital counseling is provided by the Office of Religious Affairs (KUA) or government-approved institutions such as social or religious organizations.

In the Compilation of Islamic Law (KHI), premarital counseling aims to educate engaged couples about the importance of good intentions in marriage and how to sustain a healthy marriage both religiously and socially. KHI emphasizes the importance of dialogue in resolving household problems and maintaining harmony in marriage.

Law No. 1 of 1974 on Marriage does not explicitly mandate premarital counseling. However, the regulation provides the legal basis for valid marriages and includes provisions relevant to marriage preparation, such as the obligation for prospective couples to understand their rights and responsibilities in married life.

Meanwhile, Ministerial Regulation No. 44 of 2014 on Premarital Counseling outlines the guidelines for premarital counseling for both male and female prospective spouses. It aims to prepare them for married life with a better understanding, thus reducing the potential for future divorces.

The Office of Religious Affairs (KUA) not only handles administrative and ceremonial aspects of marriage but can also provide post-marital counseling.

After marriage, KUA can serve as a resource for couples experiencing difficulties, offering further guidance on managing marital issues, communication, and role distribution within the family.

KUA plays an important role in educating and advising couples on managing stress and resolving conflicts to prevent divorce.

If disputes arise that could lead to divorce, KUA can act as a mediator between the husband and wife. Through approaches based on religious and cultural values, KUA helps couples discuss their issues and find mutually acceptable solutions.

Law No. 1 of 1974 on Marriage, Article 39, stipulates that when couples wish to file for divorce, they must first attempt mediation or consultation facilitated by an authorized party, such as the court. This mediation process aims to provide couples with the opportunity to discuss their issues and seek solutions together before proceeding with the divorce process.

Mediation serves as a legal mechanism introduced to prevent divorce. Its purpose is to assist troubled couples in communicating and finding peaceful resolutions with the help of a neutral third party, such as a professional mediator or counselor.

“The author hopes that choosing a life partner is not merely about love but also about selecting someone who can grow together, show mutual respect, communicate well, and share aligned values and life goals. Choosing the right partner is a crucial step in ensuring a healthy and happy married life.”

In conclusion, preventing divorce from the perspective of family law focuses on mediation, dispute resolution, and premarital education to equip couples with the skills needed to face marital challenges. Mediation and solution-based approaches allow couples to find mutually beneficial resolutions.

MALUT TERNATE, January 28, 2025.