ANALYSIS OF FACTORS INFLUENCING JUDGES' DECISIONS IN DIVORCE CASES AT THE RELIGIOUS COURT OF PROBOLINGGO

Abstract

The purpose of this study is to investigate the key elements that influence judges' decisions in divorce cases at the Religious Court of Probolinggo. A qualitative approach was used as the research technique, and Judge Rifqi Kurnia Wazzan M.H. of the Religious Court of Probolinggo was interviewed in-depth., evaluation of the literature, and analysis of decision papers. The analysis's findings show that a number of elements, including legal, social, cultural, and psychological ones, significantly influence court judgments. The conformity of judicial rulings with Islamic law, the clarity of the evidence, and the child's best interests are all important determining factors. Furthermore, social and cultural factors including social stigma, family support, and local traditions have a big impact on how judges make decisions. This study advances legal literature, offers a better understanding of the factors affecting judges' rulings in contentious divorce cases at the Religious Court, and lays the groundwork for systemic changes to the family law system.