DISPARITAS PUTUSAN HAKIM DALAM PERKARA PERCERAIAN PERKAWINAN KATOLIK (KAJIAN NORMATIF TERHADAP PUTUSAN NO. 686/PDT.G/2017/PN BKS. DAN NO. 478/PDT/2018/PT.BDG SERTA HUKUM KANONIK)

Abstract

The disparity in court rulings in divorce cases between the District Court and the High Court can create legal uncertainty but also serves to uphold the authority of the law. This study evaluates the differences in legal reasoning between the two courts, based on the Indonesia’s Marriage Law and Canonnic law 1983, considering that both parties involved in this case are Catholic Christians. This normative juridical research uses primary data from court decisions, Indonesia’s marriage laws, Canon Law 1983 and secondary data from related literature. The findings reveal that the District Court granted the divorce petition, while the High Court rejected it, reasoning that the Plaintiff's arguments were excessive and lacked evidence. Significant disparities were found in the material aspects and legal reasoning, with the High Court being deemed more systematic and thorough. Both rulings failed to consider the Canon law, leading to inconsistencies with the Catholic Church law.