Analisis Statistik Tren Perceraian di Indonesia Berdasarkan Cerai Gugat dan Cerai Talak dalam Perspektif Hukum Keluarga

Abstract

Divorce is a central issue in Islamic family law because it terminates the marital relationship and produces legal consequences for husbands, wives, and children. This study aims to analyze divorce trends in Indonesia based on wife-initiated divorce (cerai gugat) and husband-initiated divorce proceedings (cerai talak), and to interpret the pattern from the perspective of Islamic family law. The study employs library research with descriptive statistical and normative juridical approaches. The primary data consist of secondary data on Religious Court cases published by the Directorate General of Religious Courts, Statistics Indonesia, and the National Commission on Violence Against Women. The main analytical period is 2021–2024, while acknowledging that statistical definitions and coverage vary across sources: some refer to decided cases, while others refer to processed cases or recorded divorce events. Analysis uses frequencies, percentages, annual changes, and comparisons between cerai gugat and cerai talak. The findings demonstrate a consistent dominance of cerai gugat over cerai talak. Published court-case recapitulations report 337,343 cerai gugat and 110,400 cerai talak in 2021; 374,101 and 122,306 in 2022; and 340,327 and 107,278 in 2023. For 2024, a Komnas Perempuan report citing BADILAG data records 374,484 cerai gugat and 113,704 cerai talak, although the figures must be interpreted according to the source's statistical coverage. From the perspective of Islamic family law, the dominance of cerai gugat should not simply be interpreted as women's preference for divorce, but also as an indicator of women's use of legal access when marital rights, safety, or family sustainability can no longer be maintained. The study recommends strengthening family resilience, premarital education, mediation, protection of women and children's rights, and standardization of judicial statistics. (Komnas Perempuan, 2025)