ANALISIS PUTUSAN PENOLAKAN GUGATAN CERAI AKIBAT KETIDAKHADIRAN SAKSI DAN BUKTI PERSELISIHAN

Abstract

The ideal objective of marriage under marriage law is to form a happy and lasting family. However, in reality, the number of divorce cases in the Indonesian legal system remains high. Divorce not only requires legally justifiable grounds under statutory regulations but also demands sufficient and convincing evidence in court. This study analyzes Decision Number 926/Pdt.G/2023/PN.Tng concerning the dismissal of a divorce petition due to the absence of witnesses and lack of evidence of marital discord. The main issue is the Plaintiff's failure to prove continuous disputes and quarrels as grounds for divorce under Article 19(f) of Government Regulation No. 9 of 1975. This normative legal research adopts a case study approach and employs Gustav Radbruch's Legal Certainty Theory as the grand theory. The findings reveal: first, the Panel of Judges properly dismissed the lawsuit as the Plaintiff failed to meet the burden of proof under Article 163 HIR. Second, the position of witnesses is imperative and determinative; the absence of witnesses renders allegations of disputes unproven. Third, administrative documentary evidence is irrelevant to prove marital discord, while the Defendant's evidence actually demonstrates household harmony. Fourth, the legal consequences include the preservation of marital status, denial of child custody and support, and imposition of court costs. This decision affirms that evidentiary requirements in divorce proceedings are strict, and legal certainty necessitates the non-transferable fulfillment of the burden of proof. Legal socialization, affirmative policies ensuring access to justice, and a Supreme Court Regulation (PERMA) as guidelines for evidentiary standards in divorce cases are essential to achieve uniformity in court decisions.