eprintid: 52105
rev_number: 11
eprint_status: archive
userid: 12243
dir: disk0/00/05/21/05
datestamp: 2022-07-19 06:51:00
lastmod: 2022-07-19 06:51:00
status_changed: 2022-07-19 06:51:00
type: thesis
metadata_visibility: show
contact_email: muchti.nurhidaya@uin-suka.ac.id
creators_name: Nindika Happy Anjani, NIM. 17103040018
title: ANALISIS PERTIMBANGAN HAKIM DALAM SENGKETA HARTA BERSAMA PASCA PERCERAIAN YANG MEMBERIKAN PERLINDUNGAN TERHADAP ISTRI
(Studi Kasus Putusan Pengadilan Agama Sleman Nomor 104/Pdt.G/2021/PA Smn)
ispublished: pub
subjects: ilmu_syariah
subjects: sb_Cerai
divisions: il_hum
full_text_status: restricted
keywords: perkawinan; divorce; harta bersama; joint assets
note: Pembimbing: 
Dr. M. Misbahul Mujib, S.Ag., M.Hum.
abstract: Joint assets are assets acquired during the marriage between husband and wife. In practice, the distribution of joint property often causes conflicts between husband and wife, so that it can harm one party, especially the party who should be entitled to the property. In 2021 there was a case regarding a joint property lawsuit in a civil case at the first level at the Sleman Religious Court with case number: 104/Pdt.G/2021/PA Smn. The case is a lawsuit regarding joint assets, in this case the Plaintiff is suing the Defendant as an ex-husband. The problem of joint property has never been resolved and discussed and there has been no agreement and settlement, because the Defendant does not want the joint property to be shared with the Plaintiff. So for the actions of the Defendant, the Plaintiff (ex-wife) felt aggrieved, because the Plaintiff itself really needed it. The Plaintiff has tried to ask for the rights of the Plaintiff to the joint property amicably, but to no avail because the Plaintiff's good faith was completely ignored by the Defendant, so the Plaintiff filed a lawsuit so that the Plaintiff's rights obtained legal protection from the Court.
The type of this research is library research. The research method used is a normative juridical approach based on the law (statue approach) and case approach (case approach). Data was collected by means of observation and documentation.
The results of this thesis research show that (1) the decision of the Sleman Religious Court in case Number 104/Pdt.G/2021/PA.Smn has provided legal protection to the ex-wife (Plaintiff) for her rights to joint assets after the divorce with her ex-husband (Defendant) ). The plaintiff (ex-wife) is entitled to receive and receive compensation of one-half or one-half of the joint property. (2) The judge's consideration is correct in terms of positive law and Islamic law. The judge's considerations have seen several considerations, namely looking at the evidence and existing witnesses such as letter evidence and the witnesses presented by the Plaintiff and Defendant. In case number 104/Pdt.G/2021/PA.Smn there is no agreement regarding the distribution of joint assets, so the distribution is carried out in accordance with Article 37 of Law Number 1 of 1974 concerning Marriage and Article 97 of the Compilation of Islamic Law, namely each former husband and ex-wife are entitled to one-half or one-half of the joint property.
date: 2022-05-23
date_type: published
pages: 178
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARIAH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Nindika Happy Anjani, NIM. 17103040018  (2022) ANALISIS PERTIMBANGAN HAKIM DALAM SENGKETA HARTA BERSAMA PASCA PERCERAIAN YANG MEMBERIKAN PERLINDUNGAN TERHADAP ISTRI (Studi Kasus Putusan Pengadilan Agama Sleman Nomor 104/Pdt.G/2021/PA Smn).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/52105/1/17103040018_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/52105/2/17103040018_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf