Institutional Repository UIN Sunan Kalijaga YogyakartaPEMAHAMAN DAN PENALARAN HAKIM DALAM PENERAPAN SYARAT TAMBAHAN PERCERAIAN PISAH RUMAH ENAM BULAN (STUDI PENGADILAN AGAMA SLEMAN DAN PENGADILAN AGAMA PADANG)NIM.: 24203011033Musfira RahmiauthorDivorce rates in Indonesia have continued to show a significant upward trend in recent years. In response to this situation, the Supreme Court issued Supreme Court Circular Letter No. 3 of 2023, which establishes an additional requirement of a minimum six-month period of living apart for couples filing for divorce on the grounds of continuous disputes and arguments. In practice, the application of this requirement has not been uniform among judges, raising two key questions: why there are differences in judicial rulings at the Sleman Religious Court and the Padang Religious Court regarding the six-month separation requirement, and how judges interpret and approach divorce cases following the enactment of Supreme Court Circular Letter No. 3 of 2023. This study is a descriptive-analytical field study employing a sociological approach to law. Data were collected through in-depth interviews with judges at the Sleman Religious Court and the Padang Religious Court, as well as through a document analysis of ten relevant divorce rulings. The analysis was conducted using two complementary theoretical fram eworks: Gunther Teubner’s theory of legal rationality, which distinguishes between formal, substantive, and reflective rationality to examine the judges’ reasoning mechanisms; and Gustav Radbruch’s theory of the purposes of law, which posits certainty, justice, and utility as three values that are constantly in dialectical tension to explain the values judges weigh in each ruling. The research findings indicate that differences in the application of the six-month separation requirement stem from variations in the legal facts established during trial. Judges apply SEMA No. 3 of 2023 when the six-month separation requirement is proven or when the case meets the exceptions stipulated in the SEMA; however, in cases where the grounds for divorce fall outside the scope of the SEMA, these provisions are not considered as a basis for decisionmaking. This study also shows that judges view SEMA No. 3 of 2023 as a guideline in adjudicating divorce cases; however, there are differing views regarding the basis for deviating from these provisions. Some judges base such deviations on the lex specialis principle, while others base them on the hierarchy of laws. Furthermore, the study indicates that the application of SEMA No. 3 of 2023 is contextual but remains within the same legal framework. Differences in the application of SEMA do not indicate that judges act arbitrarily or based on personal preference; rather, they arise due to the characteristics of each case, the weight of the evidence, and the legal facts revealed during the trial, ensuring that judicial discretion is exercised within the bounds of applicable law.297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)2026-08-10UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARIAH DAN HUKUMThesis

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