A Juridical Review of the Causes of Divorce in Talak Divorce Cases in Indonesia (A Study of Decision Number 1044/Pdt.G/2025/PA.Stb)

Abstract

In 2024, Indonesia experienced a high divorce rate, recording 446,359 cases, highlighting a gap between the aims of marriage as outlined in Law Number 1 of 1974, which was amended by Law Number 16 of 2019, and the actual circumstances of family life in society. This study was carried out to investigate the legal regulations related to divorce in Indonesia, pinpoint the reasons leading to divorce in cerai talak (divorce by repudiation) instances, and assess the legal foundations taken into account by the judges in Stabat Religious Court Decision Number 1044/Pdt.G/2025/PA.Stb. The research employs a normative legal method that is descriptive in nature, utilizing statutory, case, and conceptual approaches. The information gathered was later examined through a qualitative approach from a normative legal viewpoint. The findings suggest that Indonesian law follows the principle of making divorce challenging, with divorce permitted only through court procedures, as long as the case is presented in court with legally valid reasons, according to Article 19 of Government Regulation Number 9 of 1975 in conjunction with Article 116 of the Compilation of Islamic Law. The reasons for divorce in this instance include ongoing conflicts stemming from financial issues, disrespectful behavior towards one another, breakdowns in communication, extended disagreements, and living apart for over eight months, during which all attempts at reconciliation were unsuccessful. The panel of judges' legal considerations, which utilized the concept of a broken marriage according to Article 39 paragraph (2) of the Marriage Law, Article 19 letter (f) of Government Regulation Number 9 of 1975, and Article 116 letter (f) of the Compilation of Islamic Law as the basis for granting the initial talak raj'i and outlining the wife's rights, can be viewed as having satisfied the principles of legal certainty, justice, and expediency.