Divorce is one of the most common problem in society. Divorce can be filed by the husband by unregistered divorce (talak) or can also be filed by the wife (divorce sued) for the reasons specified in the legislation. One of the reasons that allow a wife to apply for divorce is regulated in Article 19 of the Government Regulation of the Republic of Indonesia Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage and Article 116 of the Compilation of Islamic Law, that is the husband has committed cruelty and severe abuse that endangers the wife. Basically, divorce is not expected by everyone who builds a household because the purpose of marriage is to get happiness and be eternal in the marriage. However, this is inversely proportional to the number of divorce cases filed by wives at the Syar'iah Court in Jantho, Aceh Besar, which has increased from year to year.
This study aims to identify and explain the factors causing the increase in divorce due to domestic violence, the forms of domestic violence accepted by the judge as the basis for the decision for divorce, and the judge's considerations in deciding divorce cases due to domestic violence at the Syar'iah Court in Jantho, Aceh Besar. The research method used is normative legal research method and empirical legal research method, with the data source is primary data in the form of field data and secondary data in the form of library data. The data obtained were analyzed using a statutory approach, a case approach and a sociological approach..
The results showed that first, the increase in divorce lawsuits at the Syar'iyah Court in Jantho, Aceh Besar, was caused by some factors which is bad behavior of husband or wife and internal factors which is economic factor. Second, the forms of domestic violence accepted by the judges of the Syar'iyah Court in Jantho, Aceh Besar, as the basis for the divorce decision in the form of physical violence, psychological violence, sexual violence and neglect in the household. Third, the judge of the Syar'iyah Court in Jantho, Aceh Besar, decided the case for divorce due to domestic violence through legal considerations regarding the formal requirements of the lawsuit and legal considerations regarding the material requirements of the lawsuit.
It is recommended for every family to strengthen the quality of faith (internal family) so as to eliminate bad behavior from themselves and their husbands as the head of the family can be more active in earning a halal living so as to avoid economic problems (external family) that can cause quarrels in the family, and it is recommended to the judge Syar'iyah Court in Jantho can also consider the existence of domestic violence in divorce cases so that it can be a guide to making husbands afraid of committing acts of domestic violence, and it is recommended to formulate regulations in the form of strict sanctions for husbands who commit physical violence, violence psychological, sexual violence, and neglect in the household and conduct socialization to the community regarding domestic violence, so it is hoped that the filing of a lawsuit for divorce on the grounds of domestic violence at the Syar'iyah Court in Jantho, Aceh Besar, can be reduced.