[PDF][PDF] The Construction of Religious Court Judges' Decisions in the Case of Joint Assets Based on Islamic Law and Legal Development

I Rais, YR Muyassar - Jurnal Cita Hukum, 2022 - academia.edu
Jurnal Cita Hukum, 2022academia.edu
The judges of the religious courts apply the rules of Article 97 of the KHI to the division of 1/2-
1/2 of joint property in determining matters concerning joint property. However, in the
decision No. 70/Pdt. G/2002/PA. Mrk, 330/Pdt. G/2004/PA. Tgrs, and 278/Pdt. G/2005/PA.
Bkt, judges of religious courts do not rely on this clause. PA Merauke set the division of
common property as 4/10–6/10, PA Tigaraksa as 20%-80%, and PA Bukittinggi as 1/4–3/4.
This study examines the concerns and perspectives of religious court judges in considering …
Abstract
The judges of the religious courts apply the rules of Article 97 of the KHI to the division of 1/2-1/2 of joint property in determining matters concerning joint property. However, in the decision No. 70/Pdt. G/2002/PA. Mrk, 330/Pdt. G/2004/PA. Tgrs, and 278/Pdt. G/2005/PA. Bkt, judges of religious courts do not rely on this clause. PA Merauke set the division of common property as 4/10–6/10, PA Tigaraksa as 20%-80%, and PA Bukittinggi as 1/4–3/4. This study examines the concerns and perspectives of religious court judges in considering matters relating to joint property. By using a comparative methodology, this research uses a normative-based, qualitative-oriented, and legally binding method. The results of the study stated that the panel of judges in the three religious courts differed from the applicable legal provisions, taking into account various conditions. In deciding joint property cases, the panel of judges considers five elements, including contributing factors, legal arguments, a sense of justice, sources of shared wealth, and contextual interpretation of a statutory provision.
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