Ratio Decidendi Analysis in the Settlement of Marital Property Disputes: Implications for Legal Practice in Indonesia

Marital property disputes are complex issues that require a clear and fair legal basis in their resolution. This research aims to analyze the application of ratio decidendi in the decision on marital property disputes, its implications for legal practice, and a comparison of its application in various cases. The research uses normative legal methods with statutory, conceptual, and philosophical approaches, and analyzes related court decisions. The results showed that ratio decidendi plays a central role in ensuring substantive justice, legal certainty, and benefits for the parties. However, there are inconsistencies in its application caused by variations in judges' interpretations and the socio-cultural context. This shortcoming calls for the strengthening of legal precedents and interpretation guidelines to improve the consistency and quality of decisions. This research contributes to the development of an understanding of the importance of ratio decidendi as a tool to create a legal system that is more adaptive and responsive to the dynamics of society.

Authors

Institutions

Publication Details

Journal
Legal horizons
Published
2024-08-21
DOI
https://doi.org/10.54477/lh.25192353.2024.3.pp.57-67
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Ratio Decidendi Analysis in the Settlement of Marital Property Disputes: Implications for Legal Practice in Indonesia

Rаchmі Sulіstyаrіnі, Yenny Eta Widyanti, Puspita Radika Permatasari
Legal horizons
Legal Studies and Policies
article

Ratio Decidendi Analysis in the Settlement of Marital Property Disputes: Implications for Legal Practice in Indonesia

Rаchmі Sulіstyаrіnі, Yenny Eta Widyanti, Puspita Radika Permatasari
article en

Abstract

Marital property disputes are complex issues that require a clear and fair legal basis in their resolution. This research aims to analyze the application of ratio decidendi in the decision on marital property disputes, its implications for legal practice, and a comparison of its application in various cases. The research uses normative legal methods with statutory, conceptual, and philosophical approaches, and analyzes related court decisions. The results showed that ratio decidendi plays a central role in ensuring substantive justice, legal certainty, and benefits for the parties. However, there are inconsistencies in its application caused by variations in judges' interpretations and the socio-cultural context. This shortcoming calls for the strengthening of legal precedents and interpretation guidelines to improve the consistency and quality of decisions. This research contributes to the development of an understanding of the importance of ratio decidendi as a tool to create a legal system that is more adaptive and responsive to the dynamics of society.

Legal horizonsVol. 22(3)
University of Brawijaya (ID)
Openalex Percentile: Top 48%
Legal Studies and Policies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Ratio Decidendi Analysis in the Settlement of Marital Property Disputes: Implications for Legal Practice in Indonesia — Rаchmі Sulіstyаrіnі, Yenny Eta Widyanti, et al. · Legal horizons (2024) | TGRS Research Map | TGRS