PENYELESAIAN PERKARA CERAI GUGAT DENGAN SEBAB KEKERASAN DALAM RUMAH TANGGA BERDASARKAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2023 (STUDI KASUS PUTUSAN NOMOR 4277/Pdt.G/2024/PA.Cbn)

Abstract

Religious courts play a crucial role in reducing divorce rates by implementing the principle of making divorce more difficult. However, the application of this principle has not significantly reduced the divorce rate, with disputes and arguments being the primary causes. SEMA Number 3 of 2023 provides an exception for divorces due to domestic violence. However, in practice, many courts still reject divorce petitions due to domestic violence without a six-month separation, citing premature or formal deficiencies. This case demonstrates the challenges in implementing the SEMA. This study aims to identify and analyse the concept of resolving divorce cases before and after the issuance of Supreme Court Circular Letter (SEMA) Number 3 of 2023, to identify and analyse the application of Supreme Court Circular Letter (SEMA) Number 3 of 2023 in examining, adjudicating, deciding, and resolving divorce cases due to domestic violence, and to identify and analyse the judge's considerations in rulings on divorce cases due to domestic violence. This research is necessary to assess the extent to which the implementation of Circular Letter of the Supreme Court (SEMA) Number 3 of 2023 has provided maximum protection for victims of domestic violence and to assess the consistency of the application of the principle of making divorce difficult in cases involving elements of violence.

Keywords: Divorce Lawsuit, Domestic Violence, SEMA.