PENERAPAN PRINSIP “PARTNERSHIP” DALAM PEMBAGIAN HARTA BERSAMA: KAJIAN DASAR DAN PERTIMBANGAN HUKUM HAKIM DI PENGADILAN AGAMA BATAM

Azmil Fauzi Fariska, S.H., NIM.: 19203012036 (2021) PENERAPAN PRINSIP “PARTNERSHIP” DALAM PEMBAGIAN HARTA BERSAMA: KAJIAN DASAR DAN PERTIMBANGAN HUKUM HAKIM DI PENGADILAN AGAMA BATAM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Batam Religious Court is one of the Religious Courts that accepts joint property cases in quite a large number and the decisions that have been issued by the Batam Religious Court judges in joint property cases, of course have basic reasons for what has been decided. This study aims to determine the distribution of joint assets in the Batam Religious Court. In this thesis there are 3 (three) problem formulations including: 1) What are the legal basis and considerations of judges in deciding joint property cases at the Batam Religious Court? 2) Why do Batam Religious Court judges tend to decide joint property cases equally? 3) How is the attitude of the Batam Religious Court judges in deciding cases related to the concept of the partner's role and partnership in obtaining property in marriage? This study uses a socio-legal approach that looks at legal practice from the perspective of social science. The data collection technique used is interviews with judges at the Batam Religious Court and reviewing relevant decisions. This study shows that in providing legal basis and considerations, the Batam Religious Court judges referred to Article 35 of the Marriage Law, Article 1 letter (f) Compilation of Islamic Law and Article 97 of the KHI then the judge referred to Surah An-Nisa paragraph 32. In the trial the judge saw the facts presented by the parties. This study also reveals that judges tend to decide on the distribution of joint assets with equal parts and in this case the judge looks at the facts presented in the relevant trial, the role and contribution of the spouses in producing joint property which is a phenomenon that occurs in the facts of cases involving resolved. The roles and contributions referred to in these resolved cases are not always related to the spouse's work but the implementation of their respective roles as husband and wife. For this reason, the roles and contributions referred to are not only roles played outside the home but also roles inside the home. The judges understand that the application of the Compilation of Islamic Law and Marriage Law in the settlement of joint property cases is based on the equality of roles and contributions carried out by husband and wife. If the facts of the trial reveal that one of the parties contributed more or there is an imbalance, the judge decides on the share of the assets differently. If, for example, the husband's obligation to earn a living is forced to be taken over by the wife and the wife also plays a large role in managing the family, the judge does not settle the joint property case in an equal distribution because such a distribution method is considered not to provide justice to the wife who has taken two responsibility simultaneously

Item Type: Thesis (Masters)
Additional Information: Pembimbing: Prof. Dr. Euis Nurlaelawati, M.A.
Uncontrolled Keywords: harta waris; hukum waris; joint property; harta bersama
Subjects: Hukum Keluarga
Hukum Keluarga > Keluarga Islam
Keluarga Sejahtera
Divisions: Fakultas Syariah dan Hukum > Magister Ilmu Syari'ah (S2)
Depositing User: Muchti Nurhidaya edt
Date Deposited: 07 Feb 2022 15:46
Last Modified: 07 Feb 2022 15:46
URI: http://digilib.uin-suka.ac.id/id/eprint/48874

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