Abstract
This study examined whether legislative policies focused on the protection of women against violence have been implemented in judicial practice. The study hypothesised that the legislative policies have not been implemented in judicial practice. To prove the hypothesis, the study was conducted using socio-legal methods by examining the meaning of legal texts in judicial practice. The results of the study proved the hypothesis based on the data on the divorce lawsuits brought by the wife at the Religion Court of Demak in 2022. Most data on divorce lawsuits were based on domestic violence. The interesting point of these data was that even though domestic violence occurred, the wives who were the victims did not settle them criminally as stipulated in Law No. 23 of 2024 concerning Domestic Violence, but instead, they were civilly settled by filing a divorce lawsuit to the Religion Court. Divorce lawsuits based on domestic violence have been regulated in Article 19 of Government Regulation (PP) No. 9 of 1975 as the implementation of the Marriage Law. Another interesting research result was that the verdicts made by the judge of the Religion Court were not based on the reason for committing cruelty or severe persecution that endangered the other party (Article 19 letter (d)), but based on the reason that there were continuous disputes and quarrels between husband and wife which cannot be expected to live in harmony again in the household (Article 19 letter (f)). It was concluded that the protection of women (wives) from domestic violence that has been regulated in legislative policies had not been implemented in the verdicts made by the religious court. The divorce lawsuit’s verdicts handed down by the Religion Court of Demak have not interpreted the articles in the laws and regulations within the framework of legal protection for women. Keywords: Disintegration Policy; Women Protection
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