Ratio Decidendi Analysis in the Settlement of Marital Property Disputes: Implications for Legal Practice in Indonesia
Year: 2024
Type: article
Abstract: Marital property disputes are complex issues that require a clear and fair legal basis in their resolution. This research aims to analyze the application of ratio decidendi in the decision on marital property disputes, its implications for legal practice, and a comparison of its application in various cases. The research uses normative legal methods with statutory, conceptual, and philosophical approaches, and analyzes related court decisions. The results showed that ratio decidendi plays a central role in ensuring substantive justice, legal certainty, and benefits for the parties. However, there are inconsistencies in its application caused by variations in judges' interpretations and the socio-cultural context. This shortcoming calls for the strengthening of legal precedents and interpretation guidelines to improve the consistency and quality of decisions. This research contributes to the development of an understanding of the importance of ratio decidendi as a tool to create a legal system that is more adaptive and responsive to the dynamics of society.
Source: Legal horizons
Institution: University of Brawijaya
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408493561