Analisis Pertimbangan Hakim Terhadap SEMA Nomor 3 Tahun 2023 Pada Putusan Cerai Nomor: 1344/ Pdt.G/2025/PA.Kla

Zulfi Diane Zaini (Universitas Bandar Lampung Indonesia)
M Reynaldi Willy Saputra (Universitas Bandar Lampung Indonesia)

Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan
Vol. 6 No. 1 (2027): In Progress

This study examines the evidentiary process and judicial considerations in Decision No. 1344/Pdt.G/2025/PA.Kla following the issuance of Supreme Court Circular No. 3 of 2023. Using a normative and empirical juridical approach through literature review, case analysis, and interviews with judges and advocates, the findings reveal that the Religious Chamber requires cumulative proof of continuous disputes, absence of reconciliation prospects, and separate residence for at least six months, except when domestic violence is legally established. In the case at hand, the parties had only been separated for two months and domestic violence was unproven, leading the panel to declare the claim inadmissible. This decision underscores consistency in applying evidentiary standards and the principle of restricting divorce, while allowing re-filing once legal requirements are met.