Divorce in Indonesia: A Normative Legal Study on Preventive Mechanisms During the Pandemic

Abstract

This study analyzes the impact of the COVID-19 pandemic on the rising number of divorce cases in Indonesia, with a focus on evaluating the normative framework for divorce prevention and its associated challenges. According to Law Number 1 of 1974, marriage is intended to establish a happy and enduring family. However, the pandemic has triggered a surge in divorces due to economic pressure, lack of communication, role imbalance, domestic violence, and early marriage. This study adopts a normative legal approach, analyzing legal instruments such as Law No. 1 of 1974, Government Regulation No. 9 of 1975, Law No. 7 of 1989, and Supreme Court Regulation No. 1 of 2016 on Mediation. Secondary data are qualitatively analyzed using legal interpretation to examine how preventive efforts are implemented by judges and mediators in the Religious Courts. The findings reveal that although a normative framework for divorce prevention exists, its implementation faces significant challenges during the pandemic, including limited access to legal institutions and the need to adapt mediation procedures. The study concludes that more comprehensive preventive strategies are required—integrating social support, psychological assistance, and pre-marital education—to safeguard family integrity in times of crisis.