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NARASI HUKUM ATAS KLAIM HARTA BERSAMA PADA PERKARA CERAI GUGAT (STUDI TERHADAP ISI GUGATAN PEREMPUAN DALAM PUTUSAN PENGADILAN AGAMA SRAGEN)
The problem of this research stems from the vulnerability and disadvantage of women in unequal household relationships, particularly in economic access and the fulfillment of post-divorce rights, including joint property. This condition encourages women to develop strategies through legal and social narratives presented in court. This research uses two decisions as a database, namely Decision Number 1496/Pdt.G/2024/PA.Sr and Decision Number 1713/Pdt.G/2023/PA.Sr. In the first decision, the wife as the plaintiff filed a joint property claim simultaneously with the divorce suit, while in the second decision, the defendant filed a joint property claim through a counterclaim, although the woman remained the party who initiated the divorce. The focus of this research is not on analyzing the decisions, but rather on how women strategize in constructing narratives regarding joint property claims. This research seeks to read these narratives not only as expressions of individual experiences, but as forms of strategy manifested through actions and negotiations of women's rights amidst unequal household relationship structures through the articulation of the constructed narrative. This research is a library research with the object of study being Decision Number 1496/Pdt.G/2024/PA.Sr and Decision Number 1713/Pdt.G/2023/PA.Sr, which is descriptive-analytical in nature. The approach used is empirical juridical with secondary data sources based on primary law in the form of the two selected decisions and from secondary law. Data collection was carried out through interview and documentation techniques, while data analysis used content analysis methods. The results of the study show that women's narrative strategies regarding claims for joint property in divorce cases can be seen from 3 (three) aspects, namely the rules (rules), resource (resources), and duality of structure (duality of structure). Research findings indicate that the narratives constructed by women have been shown to significantly influence the outcome of the division of joint assets. The narratives constructed and the strength of their bargaining position are determined by strategic capabilities based on material facts, concrete experiences, and adequate evidence. Thus, justice in the division of joint assets is not only determined by legal norms, but also by women's narrative strategies. Meanwhile, the legal findings of the Panel of Judges in deciding cases of division of joint assets in divorce cases found that protection for women is not automatically granted because it depends on how the judge reads the case from the strategy displayed through the narrative constructed. In this case, the judge does not move with one pattern. The judge moves contextually to achieve substantive justice, in other conditions the judge remains committed to a normative approach to maintain legal certainty.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 24203011076 Dyah Erie Shinta Putri
NARASI HUKUM ATAS KLAIM HARTA BERSAMA PADA PERKARA CERAI GUGAT (STUDI TERHADAP ISI GUGATAN PEREMPUAN DALAM PUTUSAN PENGADILAN AGAMA SRAGEN) (Text)
NARASI HUKUM ATAS KLAIM HARTA BERSAMA PADA PERKARA CERAI GUGAT (STUDI TERHADAP ISI GUGATAN PEREMPUAN DALAM PUTUSAN PENGADILAN AGAMA SRAGEN) (Other)
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