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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Nadia Romadhon
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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LEGISLATIVE RATIO OF SEMA NUMBER 3 OF 2023 IN GUARANTEEING SUBSTANTIVE JUSTICE IN DIVORCE CASES Nadia Romadhon; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.3949

Abstract

The high divorce rate in Indonesia, particularly within the religious courts, has drawn serious scrutiny in the practice of family law enforcement. The most dominant grounds for divorce, namely persistent disputes and arguments, are often presented with weak and subjective evidence, potentially creating legal uncertainty and injustice for certain parties, particularly women. To address this issue, the Supreme Court issued Supreme Court Circular Letter (SEMA) Number 3 of 2023, which tightens the requirements for granting a divorce petition on the grounds of persistent disputes, through a new formulation requiring two cumulative elements: first, proven inability to live in harmony between husband and wife, and second, a minimum of six months of separation of residence, unless domestic violence (DV) is proven. This study aims to examine the Ratio legis of the issuance of SEMA 3 of 2023 and its implications for the fulfillment of substantive justice in divorce cases in the Religious Courts. Using a normative juridical approach with qualitative analysis methods, this study examines related laws and regulations, legal literature, and theories of justice and legal certainty. The research findings indicate that SEMA 3 of 2023 plays a significant role in normatively unifying evidentiary standards and emphasizing judges' prudence in deciding divorce cases. However, in practice, these provisions can also create barriers to access to justice for economically, socially, and psychologically vulnerable parties, particularly in proving separation and domestic violence. Therefore, the fulfillment of substantive justice through the implementation of SEMA is highly dependent on judges' sensitivity in understanding the factual realities of households and their ability to interpret norms progressively, flexibly, and contextually.
CONTINUOUS DISPUTES AND FIGHTS ARE THE MOST POPULAR REASONS FOR DIVORCE Nadia Romadhon; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3950

Abstract

Marriage is a spiritual and physical bond between a man and a woman to form a family that is peaceful, loving, and merciful. However, not all marriages are harmonious and lasting. Data from the Religious Courts shows that the most common reason for divorce in Indonesia is persistent disputes and quarrels. This study aims to analyze the legal provisions related to these reasons, as stipulated in Article 116 letter (f) of the Compilation of Islamic Law and Article 19 letter (f) of Government Regulation No. 9 of 1975, as well as the implementation and development of their formulation through SEMA Number 3 of 2023. In practice, judges have the freedom to assess whether a household conflict has met the requirements of "continuous" and "no hope of reconciliation" to be the basis for a divorce decision. This study shows that economic factors, poor communication, and the presence of a third party contribute to these dominant reasons for divorce. Therefore, strengthening regulations and understanding judges is important to maintain a sense of justice for the parties.
Co-Authors ABDUL RACHMAD BUDIONO Hanif Nur Widhiyanti