ABSTRACT
This study examines the considerations of judges in deciding divorce cases, focusing on the philosophical, juridical, and sociological arguments used by the Pontianak Religious High Court. Specifically, it analyses the gender perspective in the court's decision-making process regarding the presence of another woman in the marital relationship. The research draws on Decision No. 28/Pdt.G/2016/PTA.Ptk from the Supreme Court of the Republic of Indonesia's website and interviews with judges as supplementary data, employing a juridical and gender-based approach. Content analysis was used to interpret the data. The findings reveal that, despite 29 years of marriage and three minor children, the husband engaged in an extramarital affair and remarried in 2012 (nikah sirri) without the first wife's knowledge or consent. Applying the theory of gender inequality, the study identifies the marginalisation and subordination of the first wife, highlighting her lack of agency in the husband's unilateral decision. The study underscores the importance of gender sensitivity among judges in ensuring fairness and equity when adjudicating legal cases involving such dynamics.
