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KEADILAN DAN KESETARAAN GENDER DALAM PEMBAGIAN HARTA BERSAMA (STUDI PUTUSAN PA SELONG NOMOR 1228/PDT.G/2022/PA.SEL DAN PUTUSAN PTA MATARAM NOMOR 59/PDT.G/2023.PTA.MTR)
In the practice of daily life, gender is often thought of as a natural practice, for example, the role of men as breadwinners (public work) and the role of women as housewives (domestic work); this view can lead to gender biased assumptions. It is not uncommon for women who work in the domestic sector to be looked down upon and not regarded as making a significant contribution to the household, with the result that they often do not receive justice in relation to their rights during and after divorce. In these two decisions, there are contradictions regarding the judge's consideration in dividing the share of joint property, in the first decision the judge gave an equal share, while in the second decision, the judge gave a larger share to the husband (appellant), even though the facts show that the wife (appellant) performed her role well as a housewife and helped the husband in the business place. So, the judge's consideration in the two decisions becomes the main focus to see which decision reflected justice and gender equality. This research is a literature study (libarry research), namely a study of judges' decisions in West Nusa Tenggara (NTB), in this case analyzing two samples of decisions on joint property. This research is descriptive analytical in nature by examining and analyzing the basis for judges' considerations related to joint property. The research approach is normative juridical by examining the judge's consideration in a decision and being associated with normative law. Data sources come from primary data in the form of decisions, and secondary data in the form of books, books, and related scientific works. Data collection techniques use document studies by collecting references to decisions of Religious Court judges regarding joint property. Data analysis techniques use inductive analysis techniques, namely analyzing decisions related to joint property from the perspective of justice and gender equality. The results of this study indicate that the judge's consideration in the first level decision refers to distributive justice, namely considering the contribution between the plaintiff and the defendant according to their roles in the household, so that they divide the joint property normatively, while the consideration of the appeal level decision refers to corrective justice, namely based on the source of property wealth obtained and active involvement in the business, so that they divide the joint property with a share of 2/3 for the appellant and 1/3 for the appellant. The first instance verdict has reflected gender equality in dividing the joint property, while the appellate verdict overruled the wife's contribution and role during the marriage so that it contains gender inequality.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KEADILAN DAN KESETARAAN GENDER DALAM PEMBAGIAN HARTA BERSAMA (STUDI PUTUSAN PA SELONG NOMOR 1228/PDT.G/2022/PA.SEL DAN PUTUSAN PTA MATARAM NOMOR 59/PDT.G/2023.PTA.MTR) (Text)
KEADILAN DAN KESETARAAN GENDER DALAM PEMBAGIAN HARTA BERSAMA (STUDI PUTUSAN PA SELONG NOMOR 1228/PDT.G/2022/PA.SEL DAN PUTUSAN PTA MATARAM NOMOR 59/PDT.G/2023.PTA.MTR) (Other)
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346.01 Hukum Keluarga - Hukum Pernikahan