Analisis Yuridis Ratio Decidendi Hakim dalam Mengabulkan Gugatan Cerai karena Perselingkuhan

Abstract

This study aims to analyze the juridical basis and the ratio decidendi employed by judges in granting divorce lawsuits caused by infidelity, as reflected in Decision Number 431/Pdt.G/2026/PA.Jr at the Religious Court of Jember. From the perspective of Islamic law, infidelity is considered a violation of the sanctity of marriage (mitsaqan ghalidzan) and contradicts the purpose of marriage to establish a family that is harmonious (sakinah), affectionate (mawaddah), and compassionate (warahmah). The main issue addressed in this study is the gap between the reality of infidelity in marital life and the strict evidentiary standards for proving adultery as regulated in Article 116 letter (a) of the Compilation of Islamic Law (KHI). The research employs a normative juridical method using a statutory approach and a case approach. Primary data were obtained from the official copy of the decision of the Religious Court of Jember that has permanent legal force. Data analysis was conducted through the interpretation of relevant legal provisions and examination of the legal reasoning applied by the panel of judges in deciding the case. The findings indicate that the judges did not rigidly apply the provisions concerning adultery but rather emphasized Article 116 letter (f) of the Compilation of Islamic Law, which regulates continuous disputes and conflicts within the household. Infidelity was considered a factor causing marital breakdown, loss of trust, and disharmony, rendering the objectives of marriage unachievable. The study implies that judges tend to prioritize substantive justice by taking into account the actual conditions within the household, providing legal protection for the parties involved, and ensuring legal certainty in resolving divorce cases in the religious court system.