KESETARAAN GENDER DALAM PENYELESAIAN PERKARA PEMBAGIAN HARTA BERSAMA DI PENGADILAN AGAMA BATAM

Nabil Fikri Palasenda, S.H., NIM.: 23203012016 (2025) KESETARAAN GENDER DALAM PENYELESAIAN PERKARA PEMBAGIAN HARTA BERSAMA DI PENGADILAN AGAMA BATAM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Disputes over marital property constitute one of the most frequently filed cases before the Religious Courts following divorce. In this context, women are often in a more economically and socially vulnerable position due to their responsibility for domestic labor and child care, which is not always assessed in financial terms. This study aims to analyze the legal stance of judges in three decisions of the Batam Religious Court, namely Decision Number 678/Pdt.G/2021/PA.Btm, Decision Number 1171/Pdt.G/2020/PA.Btm, and Decision Number 1438/Pdt.G/2020/PA.Btm, particularly in relation to their understanding and application of the principle of gender equality in the distribution of marital property. This research employs a qualitative method with an empirical juridical approach and library research. The primary data consist of three court decisions, which are analyzed descriptively and analytically using the framework of Feminist Legal Theory (FLT) to assess how the productive and domestic contributions of husbands and wives are considered in judicial reasoning and in the operative part of the judgments. The findings indicate that, in principle, judges have attempted to apply the principle of gender equality in resolving marital property disputes. However, such application tends to be formalistic, as it is largely based on a normative interpretation of equality between the roles of husbands and wives, particularly with respect to contributions in the public sphere. Decision Number 678/Pdt.G/2021/PA.Btm, which involved both the husband and the wife being employed, explicitly considered child care responsibilities and the wife’s economic burden after divorce, resulting in a distribution of marital property that was more favorable to the wife. This decision represents the one closest to achieving substantive justice, as the judge took into account the burden of child care and the wife’s post-divorce economic responsibilities, thereby awarding a larger share of marital property to the wife.Conversely, Decision Number 1171/Pdt.G/2020/PA.Btm and Decision Number 1438/Pdt.G/2020/PA.Btm, which involved a working husband and a non-working wife, as well as the wife’s role in domestic labor and child care, demonstrate a tendency toward an equal division of marital property (½ : ½) without an in-depth analysis of domestic labor burdens and child support responsibilities as juridical grounds in the operative part of the judgments. Overall, this study concludes that the application of the principle of gender equality in the decisions of the Batam Religious Court has not yet been implemented in a comprehensive and substantive manner. Judicial sensitivity to women’s experiences and domestic contributions remains limited to factual recognition and has not been fully integrated as a decisive legal consideration in the distribution of marital property.

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