ANALISIS PANDANGAN HAKIM PENGADILAN AGAMA KEBUMEN TERHADAP PEMBUKTIAN DALAM PERKARA PERSELINGKUHAN

Abstrak

Adultery as a ground for divorce presents complex evidentiary challenges within Indonesia's Religious Courts. The secretive nature of the act, the absence of direct witnesses, and the rise of electronic evidence create tension between material truth and procedural certainty. These conditions lead to divergent judicial interpretations, particularly regarding the admissibility and weight of digital evidence in adultery cases at the Kebumen Religious Court. This study employs a doctrinal approach combining normative and empirical juridical methods. Data interpretation follows thematic reduction and normative analysis to uncover judicial reasoning in evaluating evidence. The findings indicate that electronic evidence has become a central element in adultery trials but is rarely accepted as independent proof due to authentication limitations and the absence of detailed procedural guidance. Judges tend to corroborate digital traces with witness testimony or other qarīnah to establish legal conviction. Two interpretive orientations emerge: a formalist view emphasizing procedural legality, and a substantivist view allowing contextual consideration of moral and social values. In practice, these orientations often intersect, showing that the evidentiary process in adultery cases extends beyond procedural legality toward the pursuit of substantive justice that reflects moral, religious, and societal dimensions.