Syahidi, Nur (2024) Analisis Tentang Ketentuan Perceraian Berdasarkan Surat Edaran Nomor 1 Tahun 2022 Tentang Pemberlakuan Hasil Rapat Pleno Kamar Agama Mahkamah Agung Tahun 2022 Sebagai Pedoman Pelaksanaan Tugas Bagi Pengadilan. Masters thesis, Universitas Islam Riau.

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Abstract

In a marriage relationship, sometimes a problem arises that results in divorce. If there is a dispute that cannot be resolved, Law Number 1 of 1974 provides the right to file for divorce. The Supreme Court issued a Circular of the Supreme Court SEMA Number 1 of 2022 and SEMA Number 03 of 2023 which regulates the requirements for divorce, but is not legally binding. The purpose of this study is to analyze how the implementation of SEMA Number 1 of 2022 and SEMA Number 03 of 2023 affects the application of the principle of making divorce difficult in religious courts The issues raised in this article are: What is the Position of Circular Letter Number 1 of 2022 Concerning the Implementation of the Results of the Plenary Meeting of the Religious Chamber of the Supreme Court in 2022 as a Guideline for the Implementation of Duties for the Court? and What is the Impact of the Implementation of Divorce Provisions Based on Circular Letter Number 1 of 2022 Concerning the Implementation of the Results of the Plenary Meeting of the Religious Chamber of the Supreme Court in 2022 as a Guideline for the Implementation of Duties for the Court? This study uses a normative method with a conceptual approach and legal analysis. The primary material used is SEMA Number 1 of 2022. Then the secondary legal materials used are books and journals related to the research. The tertiary legal materials used are in the form of the Great Dictionary of the Indonesian Language (KBBI). In addition, data processing methods include: data collection, checking, and tracing documents that can provide the information needed in this study The results of the study show that the implementation of SEMA Number 1 of 2022 and SEMA Number 03 of 2023 concerning the difficulty of divorce is a strategic policy aimed at strengthening the institution of marriage and reducing the divorce rate. This SEMA aims to maintain family integrity and provide opportunities for couples to improve their relationships, while ensuring a legal and fair divorce process if necessary. The judge's consideration in considering the Divorce Provisions Based on SEMA must be very careful and not solely look at the SEMA rules where the existence of this SEMA rule can reduce the divorce rate and in certain cases but in cases of divorce that are already in the form of physical violence and do not allow living together the judge must provide the fairest possible decision and the judge must try to see the truth and motives of the applicant for divorce, so that he then concludes that the Applicant cannot prove the arguments of his application regarding the reasons for his divorce is a rash act that can hurt the sense of justice of the parties while still considering the philosophical, sociological, legal aspects and even psychological considerations must be reflected before breaking the mitsaqan ghaliza bond.

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