Tinjauan Yuridis SEMA No. 3 Tahun 2023 terkait Pisah Enam Bulan dalam Perkara Perceraian Ditinjau dari Prinsip Keadilan

The high divorce rate in Indonesia prompted the Supreme Court to issue SEMA No. 3 of 2023, which establishes a six-month separation period as a requirement for divorce, in accordance with the principle of making divorce more difficult. This provision has sparked various controversies because it is considered not to fully ensure justice, particularly for victims of psychological domestic violence who face greater difficulties in proving their case compared to victims of physical domestic violence, and has raised debates regarding the role of SEMA within the Indonesian court system. This study was conducted to examine the status of SEMA No. 3 of 2023 within the Indonesian judicial process and to assess the appropriateness of the six-month separation requirement for divorce from the perspective of the principle of justice. The research method employed a normative legal approach based on legislation and conceptual frameworks; the analysis was conducted using primary and secondary legal sources relevant to the research subject. Based on the research findings, SEMA No. 3 of 2023 is an internal policy that serves as a guideline for judges in divorce cases and exerts a strong influence on judicial practice. While aimed at reducing the divorce rate, the six-month separation requirement is considered not to fully uphold the principle of justice in its application, as it still creates disparities in legal protection for victims of psychological domestic violence and opens the door to manipulation in divorce proceedings. Therefore, this provision still needs to be evaluated to better ensure protection and justice for all parties involved in the judicial process.