POLITIK HUKUM NEGARA DALAM PENCEGAHAN PERCERAIAN DI INDONESIA MELALUI BADAN PENASIHATAN PEMBINAAN DAN PELESTARIAN PERKAWINAN (BP4)

Abstract

As a legal state, Indonesia has a Marriage Law which adheres to the
principle of making divorce difficult. Divorce is regulated in Law no. 1 of 1974
concerning Marriage as amended by Law no. 16 of 2019. Divorce only occurs if
certain reasons are fulfilled in the legislation and are carried out before the court.
This relates to the principle of complicating divorce in order to prevent someone from
taking divorce steps. Even though this law has been implemented, it cannot be denied
that currently the number of divorces that occur in society every year continues to
increase.
Efforts to prevent divorce are also carried out by the government, through the
Badan Penasihatan Pembinaan dan Pelestarian Perkawinan (hereinafter referred to
as BP4) which is a partner organization of the Ministry of Religion which is engaged
in providing advice on marriage, disputes and divorce. Then there was a
revitalization of BP4 through the 14th BP4 National Conference in 2009 which was
originally only a consulting institution on marriage issues, through this National
Conference it expanded its duties not only as an extension institution, but also had
more comprehensive tasks, including providing mediation assistance to parties who
litigation in the Religious Courts. However, it is unfortunate that this change does not
coincide with strengthening the legal basis of an adequate institution and tends to
experience a decline in legal authority. Previously, BP4 had a legal basis through the
Decree of the Minister of Religion No. 85 of 1961, which was changed to the Decree
of the 14th BP4 National Deliberation No. 26/2-P/BP4/VI/2009 concerning the
Articles of Association of BP4.
This research was conducted using normative juridical research studies,
namely research conducted by examining secondary legal materials that have
something to do with the material of this thesis. From the research results there are
two main things that can be concluded. First, a stronger BP4 institutional legal basis
is needed through law. So that BP4 has greater authority in terms of carrying out its
duties and functions related to efforts to prevent divorce. Second, also in terms of
strengthening legal substance, namely strengthening the legal basis of BP4
institutions through laws, strengthening legal structures, namely regulations that also
help strengthen and assist performance in efforts to prevent divorce from BP4 itself.
And finally strengthening the legal culture, namely people's attitudes towards the law
and the legal system, which is related to beliefs in their values, thoughts or ideas. The
importance of a legal culture that is in harmony with society so as to create
institutions that are in accordance with the culture of Indonesian society in efforts to
prevent divorce itself.
Keywords : State Law Politics, Divorce Prevention, and BP4.