Analisis Kebijakan Hakim Mahkamah Syar’iyah Lhoksukon Tentang Pembagian Harta Bersama Karena Perceraian

Abstract

This study analyzes Syar'iyah Court divorce asset distribution decisions. This research was prompted by the Lhoksukon Syar'iyah Court Number 168/pdt.G/2014/MS-LSK judge's contra legem award of 1/3 of the joint property to the husband and 2/3 to the wife. This study analyzes and explains the Lhoksukon Syar'iyah Court judge's decision regarding joint assets on Number 168/pdt.G/2014/MS-LSK. This study uses normative, juridical, and qualitative methods. Legal sources provide data. Data from legal materials, interviews, and documentation Data analysis explain judges' decisions. Studies show Lhoksukon's ruling 169/Pdt.G/2014ms-Lsk Shared Assets. The plaintiff's lawsuit was partially granted. (2) Divide the plaintiff's and defendant's joint property into 1/3 and 2/3 shares. (3) Punish the plaintiff and defendant by dividing and distributing the joint property stipulated in dictum number 2 according to dictum number 3. If not, the joint property must be auctioned. Plaintiff receives 1/3, defendant 2/3. The judge chose expediency over legal certainty. Justice guided the Lhoksukon Syar'iyah Court's joint asset decision Number 168/pdt.G/2014/MS-LSK, which considered the husband and wife's household duties during marriage. According to the letter Annisa, paragraph 34, the husband is the head of the family. The wife is the housewife (see Article 31 paragraph (3) Law Number 1 of 1974, Article 34 paragraph (1) and (2), Article 80 paragraph (4) Compilation of Islamic Law, and Article 83 paragraph (1) and (2)). These rules emphasize meeting responsibilities. Witnesses said the wife contributed more to household needs and joint assets.