PERCERAIAN MELALUI SIDANG ELEKTRONIK (E-COURT) DALAM HUKUM ACARA PERADILAN AGAMA: SYSTEMATIC LITERATURE REVIEW

Abstract

The digitalization of the judiciary through electronic case administration and e-litigation policies (e-court) has reshaped the handling of divorce cases within Indonesia's Religious Courts, a forum that processes hundreds of thousands of divorce petitions annually. This article aims to map and synthesize academic studies on the resolution of divorce cases through electronic hearings in Religious Courts between 2019 and 2025, while identifying remaining research gaps. A systematic literature review (SLR) with a narrative-thematic approach, guided by the PRISMA logic of identification, screening, eligibility, and inclusion, was employed. The search across online scientific databases and repositories using relevant keywords yielded twenty-four documents (journal articles, theses, statutory regulations, and official statistical data) that met the inclusion criteria for thematic analysis. Findings indicate that the legal basis for electronic divorce litigation has become firmly established since the issuance of Supreme Court Regulation No. 1 of 2019 through No. 7 of 2022, yet implementation effectiveness varies across regions due to infrastructure gaps, digital literacy, and legal culture. From a maqashid al-shari'ah and maslahah mursalah perspective, electronic hearings in divorce cases are considered beneficial in terms of time and cost efficiency, provided that evidentiary caution, procedural justice, and reconciliation (islah) efforts are preserved. The article recommends strengthening technical regulation, improving digital literacy among justice seekers, and expanding national and cross-country comparative research.

Keywords: e-court; e-litigation; divorce; religious court; systematic literature review