Analisis Yuridis Cerai Gugat Karena Kekerasan Dalam Rumah Tangga (Studi Putusan 126/Pdt.G/2024/PA. Sda dan Putusan Nomor 591/Pdt.G/2024/PA.Sda)

Hariyanto, Rizkya Fitri Ananda (2025) Analisis Yuridis Cerai Gugat Karena Kekerasan Dalam Rumah Tangga (Studi Putusan 126/Pdt.G/2024/PA. Sda dan Putusan Nomor 591/Pdt.G/2024/PA.Sda). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Unresolved domestic problems often lead to divorce, including those due to domestic violence. This study analyzes Decision Number 126/Pdt.G/2024/PA.Sda, which states that a divorce suit is inadmissible despite strong indications of domestic violence. The panel of judges based the decision on the inadmissibility of the suit on the duration of the separation of residence, which had only lasted one month and three days, referring to the provisions of SEMA Number 3 of 2023. However, the ratio decidendi is irrelevant because it ignores evidence of continuous quarrels and psychological violence clearly indicated in the case. The formulation of the research problem includes an analysis of the judge's ratio decidendi in deciding a divorce case filed for domestic violence and analyzing the legal consequences arising from the decision for the parties. The study aims to analyze the judge's ratio decidendi and the legal consequences of the decision for the parties. This study uses a normative juridical method with a statute approach, a conceptual approach, and a case approach. Data collection was carried out through a literature review of various legal documents and was analyzed qualitatively through in-depth interpretation of the legal materials. The research findings indicate significant inconsistencies in legal interpretation regarding forms of domestic violence. Decision No. 591/Pdt.G/2024/PA.Sda embodies both substantive and procedural justice in court decisions, while Decision No. 126/Pdt.G/2024/PA.Sda only embodies procedural justice. Keywords: Divorce Lawsuit, Domestic Violence, Judge's Decidendi Ratio

Item Type:

Thesis (Undergraduate)

Contributors: