Bias Gender dalam Hukum Acara Perceraian di Indonesia: Latar Belakang, Dampak, dan Solusinya

Abstract

Gender equality for women is an interesting issue in many countries. Various regulations are enacted to support the creation of gender equality between men and women in various fields, including in marriage. Nevertheless, there is still discrimination against women in the divorce procedural law in religious courts. The wife can file for divorce at the religious court according to her domicile if she does not leave the joint residence without the husband's permission. This article aims to describe the history of the causes of gender bias in divorce procedural law, its effects, and solutions. This article is based on doctrinal law research with a statutory, historical, and conceptual approach. The results of this study indicate that gender bias in divorce procedural law in religious courts is the impact of political dynamics during the discussion of draft laws. As a result, there is gender inequality in religious court decisions. Divorce proposed by the wife can be excluded by the husband because it violates relative competence. The solution is that judges should use the principle of freedom as mandated by Law Number 48 of 2009 concerning Judicial Power. In addition, judges need to use a gender-based interpretation as mandated by the Indonesian Supreme Court Regulation Number 3 of 2017.