ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM PADA PERKARA HARTA BERSAMA AKIBAT PERCERAIAN DITINJAU DARI KOMPILASI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN (Studi Perkara Nomor 1726/Pdt.G/2020/PA.Bks.)
Year: 2024
Type: article
Abstract: The joint property dispute in case number 1726/Pdt.G/2020/PA.Bks at the Bekasi Religious Court reflects a departure from Article 97 of the Compilation of Islamic Law (KHI), which mandates equal division of joint property. The court allocated 1/3 of the property to the Plaintiff (ex-husband) and 2/3 to the Defendant (ex-wife). This research examines the legal basis for the judges' considerations and the relevance of the decision to the KHI and Marriage Law. Using qualitative methods with a normative juridical approach, this study analyzes statutory and case law, using the court decision as the primary data source. The findings show that the judges’ allocation was based on evidence proving the Defendant contributed more significantly to the joint assets through her income and efforts, while the Plaintiff acknowledged his lower income. The judges prioritized fairness by allocating 1/3 to the Plaintiff and 2/3 to the Defendant, reflecting their contributions rather than adhering strictly to Article 97 of the KHI. This decision aligns with Satjipto Raharjo's progressive legal theory, emphasizing justice tailored to specific circumstances over rigid legal norms, thereby ensuring a fair resolution of the dispute.
Authors: Siti Alivia, Suprihatin
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405951158