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PENYELESAIAN SENGKETA HARTA GONO-GINI PASCA PERCERAIAN (STUDI TERHADAP PUTUSAN MA NOMOR 82 K/Ag/2014)
The background of this research is based on the continuing differences in legal considerations among judicial levels in determining the distribution of marital property, which have the potential to create legal uncertainty and injustice for the parties involved. This study aims to analyze the resolution of joint property disputes after divorce through a normative philosophical approach by examining Supreme Court Decision Number 82 K/Ag/2014, as well as to assess its conformity with Islamic law and positive law in Indonesia. This research is a library research study with a descriptive-analytical nature. The data were obtained through literature study, with the primary source being the Supreme Court decision, supported by statutory regulations, the Compilation of Islamic Law, and fiqh literature. The theoretical framework of this research is based on Aristotle’s theory of justice and Jasser Auda’s theory of maqāṣid al-syarī‘ah. The data analysis was conducted using an inductive qualitative method by examining the issues contained in Supreme Court Decision Number 82 K/Ag/2014 and providing an analysis of the decision in regulating the distribution of joint marital property. The results of the study indicate that the Supreme Court, in its decision, did not merely rely on the normative provision of equal distribution of property, but also considered aspects of substantive justice based on the contributions of the parties during the marriage. This approach is in line with Aristotle’s principles of distributive justice and corrective justice, as well as the concept of public benefit in maqāṣid al-syarī‘ah, particularly in the protection of property (ḥifẓ al-māl) and the protection of lineage (ḥifẓ al-nasl). Therefore, the decision reflects an effort to harmonize Islamic law and positive law in achieving proportional justice.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103050093 Pandu Satrya Nurandhika
PENYELESAIAN SENGKETA HARTA GONO-GINI PASCA PERCERAIAN (STUDI TERHADAP PUTUSAN MA NOMOR 82 K/Ag/2014) (Text)
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