PUTUSAN PENGADILAN AGAMA NO. 455/PDT.G/2022/PA.PN DALAM PERSPEKTIF KEADILAN GENDER: ANALISIS FIKIH KELUARGA DAN PRINSIP HAM CEDAW

Abstract

This study examines Religious Court Decision No. 455/Pdt.G/2022/PA.PN through a gender justice perspective by integrating family law (fiqh al-usrah) analysis with human rights principles under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The research aims to assess whether the judges’ legal reasoning reflects standards of equality, non-discrimination, and the protection of women’s rights as required by international human rights instruments and contemporary Islamic family law. Using a normative-juridical approach, the study analyzes the decision, classical and contemporary fiqh doctrines, the Compilation of Islamic Law (KHI), CEDAW, and relevant General Recommendations of the CEDAW Committee. The findings indicate that the decision remains primarily grounded in classical fiqh and the KHI, yet has not fully incorporated CEDAW-based gender justice principles, particularly Article 16 on equality within marriage. Several inconsistencies emerge concerning power relations between spouses, evidentiary standards, and the protection of women’s vulnerabilities elements that do not fully align with non-discrimination principles or the state’s due diligence obligations. Nevertheless, the decision shows certain efforts toward legal moderation through progressive interpretation of divorce grounds and post-divorce rights. This study underscores the need to harmonize Islamic family law, national law, and international human rights standards within Religious Court judgments. Integrating gender perspectives grounded in CEDAW is essential not only for strengthening substantive justice for women but also for advancing the reform of Islamic family law in Indonesia. The findings highlight the importance of enhancing judicial capacity, updating legal norms, and developing gender-responsive jurisprudence.