LEGAL JUSTICE IN DIVORCE LAWSUITS DUE TO FINAL CRIMINAL CONVICTIONS

Abstract

This research aims to analyze the implementation and legal justice in the practice of divorce lawsuits filed on the grounds of a final criminal conviction against one of the spouses. This reason for divorce is unique as it uses a criminal verdict as the primary basis for filing the lawsuit. The study examines how Indonesian courts apply relevant legal provisions, weighs the criteria and limitations used by judges in deciding cases, and evaluates whether these decisions reflect the principles of justice for the plaintiff, the defendant serving the sentence, and third parties like children. Using a normative-juridical approach with an analysis of court decisions (jurisprudence), relevant laws, and literature studies, this research identifies potential justice dilemmas that may arise. On one hand, a divorce lawsuit can be considered a right for the innocent party burdened by their spouse's criminal status. On the other hand, the rights of the party serving the sentence also need to be considered, including their right to maintain the marriage and the potential negative impact of divorce on them and their family. The findings of this research are expected to provide a deeper understanding of the concept of justice in the context of divorce due to criminal conviction, identify potential inconsistencies or gaps in legal implementation, and offer recommendations for improving judicial practice and formulating more just and comprehensive legal policies for similar cases. This research also seeks to integrate human rights perspectives and the best interests of the child into the analysis of legal justice related to divorce on the grounds of criminal conviction.