Alfarezi, Muhammad (2026) Tinjauan Yuridis Terhadap Perceraian Dalam Putusan Perkara Nomor 353/Pdt.G/2025/PA.Ppg. Other thesis, Universitas Islam Riau.

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Abstract

This study is motivated by the inconsistency between the facts revealed during the trial and the legal considerations of the judges in divorce case Number 353/Pdt.G/2025/PA.Ppg. Normatively, adultery and marriage without court permission constitute violations of marriage law provisions; however, in the judge’s decision, these factors were not used as the primary basis for consideration. This condition raises legal issues regarding the conformity of the judgment with the applicable laws and regulations. The research problems in this study are: (1) What are the factors causing the divorce in case Number 353/Pdt.G/2025/PA.Ppg? and (2) How did the panel of judges consider the case in rendering their decision? This study aims to identify the factors leading to the divorce and to analyze the judges’ legal considerations in the decision. The research method employed is normative legal research with a descriptive-analytical approach. The data used are secondary data consisting of primary, secondary, and tertiary legal materials. The data analysis technique is carried out qualitatively by examining and correlating the facts in the judgment with the provisions of laws and regulations, as well as the opinions of legal scholars. The results of the study indicate that the primary factors causing the divorce are continuous disputes and conflicts triggered by lack of financial support, adultery, and marriage without permission. The judges’ considerations in the decision place greater emphasis on the existence of ongoing conflict without thoroughly examining its underlying causes. Thus, there is a discrepancy between the legal facts and the judges’ considerations, although the decision still fulfills the formal and material requirements to be granted.

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