PENYELESAIAN PERKARA CERAI GUGAT DENGAN SEBAB KEKERASAN DALAM RUMAH TANGGA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2023

Abstract

Religious Courts play a crucial role in reducing divorce rates by applying the principle of making divorce more difficult, Yet, in practice, many courts still reject divorce petitions based on domestic violence if the spouses have not lived separately for six months, citing prematurity or formal defects. This highlights challenges in implementing the SEMA. This study aims to Examine and analyze the concept of divorce case resolution in Religious Courts before and after the issuance of SEMA No. 3 of 2023 and investigate and assess the implementation of SEMA No. 3 of 2023 in examining, adjudicating, ruling on, and resolving divorce cases caused by domestic violence (KDRT) in relation to the application of SEMA No. 3 of 2023. This research is necessary to evaluate the extent to which SEMA No. 3 of 2023 has provided maximum protection for domestic violence victims and to assess the consistency of applying the principle of complicating divorce in cases involving violence. Without an in-depth study, courts may continue prioritizing legal formalities over the substantive protection of victims, ultimately contradicting the spirit of justice and human rights protection.

Keywords: Divorce Lawsuit, Domestic Violence, SEMA