TY  - THES
N1  - Siti Djazimah, S.Ag., M.S.I.
ID  - digilib76940
UR  - https://digilib.uin-suka.ac.id/id/eprint/76940/
A1  - Pandu Satrya Nurandhika, NIM.: 22103050093
Y1  - 2026/06/02/
N2  - 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 maq??id al-syar??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
maq??id al-syar??ah, particularly in the protection of property (?if? al-m?l) and the
protection of lineage (?if? al-nasl). Therefore, the decision reflects an effort to
harmonize Islamic law and positive law in achieving proportional justice.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Harta Gono-Gini
KW  -  Perceraian
KW  -  Mahkamah Agung
KW  -  Putusan Nomor 82
K/Ag/2014
M1  - skripsi
TI  - PENYELESAIAN SENGKETA HARTA GONO-GINI PASCA PERCERAIAN (STUDI TERHADAP PUTUSAN MA NOMOR 82 K/Ag/2014)
AV  - restricted
EP  - 126
ER  -