Penerapan Sema Nomor 2 Tahun 2019 Bagian C Huruf (B) Tentang Pemenuhan Hak Ekonomi Istri pada Perkara Cerai Gugat di Pengadilan Agama Kota Malang

Abstract

Divorce resulting from irreconcilable marital disharmony has caused serious social impacts in Indonesia, particularly for women. SEMA Number 2 of 2019 Section C Letter (b) serves as a legal reference for women claiming their rights following divorce. However, court decisions that omit the clause on iddah and mut'ah allowance payment prior to issuance of the divorce certificate continue to create legal uncertainty and inconsistent judicial interpretation. This study employs a juridical-empirical approach through documentation and judicial interviews, analyzed using Soerjono Soekanto's law enforcement theory and Peter Suber's legal reasoning theory. The findings reveal that implementation of SEMA Number 2 of 2019 Section C Letter (b) has not been fully effective at the Religious Court of Malang City. The judicial legal reasoning in Decision Number 1634/Pdt.G/2025/PA.Mlg, covering factual assessment, normative basis selection, and rule interpretation, proved decisive in producing a just ruling that protects women's rights. A more systematic approach to SEMA implementation is therefore necessary to guarantee legal certainty and women's rights protection post-divorce.

Keywords: Divorce Suit, SEMA Number 2 of 2019, Women's Rights.