ANALISIS KONSISTENSI HAKIM PENGADILAN AGAMA MALANG DALAM MENERAPKAN ASAS MEMPERSUKAR PERCERAIAN BERDASARKAN SEMA NO. 1 TAHUN 2022 (Studi Putusan Nomor.1672/Pdt.G/2023/PA.Mlg)

Abstract

According to BPS, the number of divorces in Indonesia reached 463,654 according to data released on February 28 2024. According to SEMA No.1 of 2022, "divorce based on continuous disputes and quarrels can be granted if it is proven that they have been at odds and have lived apart for at least 6 months" However, many people still file for divorce before reaching the minimum threshold for separation as in decision No.1672/Pdt.G/2023/PA.Mlg. This research uses a qualitative field-type approach by researching and analyzing decisions using primary data in the form of SEMA Number 1 of 2022 and Decision Number. 1672/Pdt.G/2023/PA.Mlg, and interviews with Malang Religious Court judges, as well as secondary data in the form of journals or books related to the research title. This research uses descriptive data analysis techniques by interpreting and describing existing material and opinions. The results of this research show that SEMA is under the law and is the basis for Malang Religious Court judges to apply the principle of hardship in addition to using sharia, and Malang Religious Court judges have been consistent in applying the principle of hardship as long as it does not conflict with cases such as domestic violence.

Keywords: Judge Consistency, Principle of Difficulty, SEMA