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IMPLEMENTASI SEMA NO.1 TAHUN 2022 TERKAIT PRINSIP MEMPERSUKAR PERCERAIAN (STUDI PERBANDINGAN PUTUSAN PA BANTUL NOMOR 1444/Pdt.G/2023/PA.Btl DAN NOMOR 874/Pdt.G/2023/PA.Btl)
Indonesian marriage law adheres to the principle of making divorce easier, which does not mean closing the possibility of divorce but only complicating its implementation. This principle is one of them stated in SEMA Number 1 of 2022 in the formulation of religious chamber law in the Marriage Law section point b, which basically divorce cases on the grounds of continuous disputes and quarrels can be granted if it is proven that the husband / wife is in continuous dispute and quarrel or has been separated for a minimum of 6 (six) months. The application of this principle can be seen in the Bantul Religious Court Decision Number 1444/Pdt.G/2023/PA.Btl which rejected the plaintiff's divorce claim because it had not met the minimum requirement of 6 (six) months of separation. However, on the other hand, there are decisions that ignore the application of the principle of making divorce difficult, namely in the Bantul Religious Court Decision Number 874/Pdt.G/2023/PA.Btl by granting the plaintiff's divorce even though they have not separated for a minimum of 6 (six) months. So the application of SEMA Nomoe 1 Year 2022 which is used to resolve divorce cases on the grounds of continuous disputes and quarrels needs to be studied more deeply. This research is a prespective literature research with a case approach. The data collection method uses documentation and interviews with judges who decide cases. The data obtained is then analyzed using qualitative-descriptive method with inductive thinking method. The theory used to analyze the data is Shidarta's legal reasoning and Gustav Radbruch's theory of legal objectives. The results showed that there were differences in the legal reasoning of judges in resolving cases in Bantul Religious Court Decisions Number 1444/Pdt.G/2023/PA.Btl and Number 874/Pdt.G/2023/PA.Btl regarding divorce on the grounds of continuous disputes and quarrels. The judge deciding the case in Bantul Religious Court Decision Number 1444/Pdt.G/2023/PA.Btl prioritizes the value of legal certainty by applying the principle of making divorce easier in SEMA Number 1 of 2022, but the value of expediency in this decision is less considered. Meanwhile, the neglect of the principle of making divorce difficult in Bantul Religious Court Decision Number 874/Pdt.G/2023/PA.Btl is because the plaintiff's household has broken down (broken marriage) so that in the decision the judge prioritizes the value of expediency. So the value of legal objectives in the settlement of this case is perfect.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
IMPLEMENTASI SEMA NO.1 TAHUN 2022 TERKAIT PRINSIP MEMPERSUKAR PERCERAIAN (STUDI PERBANDINGAN PUTUSAN PA BANTUL NOMOR 1444/Pdt.G/2023/PA.Btl DAN NOMOR 874/Pdt.G/2023/PA.Btl) (Text)
IMPLEMENTASI SEMA NO.1 TAHUN 2022 TERKAIT PRINSIP MEMPERSUKAR PERCERAIAN (STUDI PERBANDINGAN PUTUSAN PA BANTUL NOMOR 1444/Pdt.G/2023/PA.Btl DAN NOMOR 874/Pdt.G/2023/PA.Btl) (Other)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)