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IMPLEMENTASI SEMA NOMOR 3 TAHUN 2023 TENTANG PENANGANAN KEKERASAN DALAM RUMAH TANGGA DALAM PERKARA PERCERAIAN: ANALISIS PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 196/Pdt.G/2024/PA.Btl
One of the reasons for divorce proposed in a divorce case is the result of one of the parties committing domestic violence. Domestic violence or KDRT is very vulnerable to occurring in household life. The Supreme Court attempted to provide a way out for victims of domestic violence by issuing SEMA Number 3 of 2023 in the Religious Chamber Formulation. The SEMA was then put into practice by the Bantul Religious Court in the Bantul Religious Court Decision Number 196/Pdt.G/2024/PA.Btl. In his decision, the judge stated that he could not accept the divorce lawsuit. Failure to accept the case will be detrimental to those seeking justice. So the application of SEMA Number 3 of 2023 which is used to resolve this case needs to be studied more deeply. This research is qualitative research with a deductive method. The type of research used is library research. This research is descriptive analytical research with an empirical juridical approach. The data collection technique used in this research uses documentation and interviews. The results of the research show that the implementation of SEMA Number 3 of 2023 in resolving cases in the Bantul Religious Court Decision Number 196/Pdt.G/2024/PA.Btl regarding the handling of domestic violence cases is appropriate starting from legal considerations, existing legal regulations , the relationship between the facts and the rules used, as well as the conclusion on resolving the case. Even though SEMA Number 3 of 2023 does not have the authority to handle cases of domestic violence, if the case is not sufficient to be proven. The judge in resolving the case of Decision Number 196/Pdt.G/2024/PA.Btl prioritized the value of legal certainty by applying SEMA Number 3 of 2023 which stated that the judge could not grant a divorce lawsuit because the reasons in the lawsuit had no legal basis. The value of justice has also been applied by the judge in the trial process by giving both parties the right to convince each of their arguments. However, the judge cannot apply the benefit value because this decision does not alleviate the suffering of the Plaintiff as a seeker of justice. Therefore, the value of legal objectives in resolving this case is less than perfect.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103050070 Itsna Inayatun Nihayah
IMPLEMENTASI SEMA NOMOR 3 TAHUN 2023 TENTANG PENANGANAN KEKERASAN DALAM RUMAH TANGGA DALAM PERKARA PERCERAIAN: ANALISIS PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 196/Pdt.G/2024/PA.Btl (Text)
IMPLEMENTASI SEMA NOMOR 3 TAHUN 2023 TENTANG PENANGANAN KEKERASAN DALAM RUMAH TANGGA DALAM PERKARA PERCERAIAN: ANALISIS PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 196/Pdt.G/2024/PA.Btl (Other)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)