Peran Putusan Pengadilan Agama Dalam Penyelesaian Sengketa Harta Bersama Setelah Perceraian

This study aims to analyze the role of Religious Court decisions in resolving joint property disputes after divorce, and to assess the extent to which the decision provides justice and legal certainty for the parties. The method used in this study is an empirical approach, with a case study at the Padang Religious Court. Data were obtained through a study of court decision documents, interviews with judges, and observations of the trial process and implementation of decisions. The results of the study indicate that Religious Court decisions have an important role in resolving joint property disputes, but there are still obstacles in their implementation, such as a lack of legal understanding from the parties, administrative obstacles, and limitations in the execution mechanism. Most decisions have considered the principles of justice and proportionality in the division of property, therefore, strengthening is needed in the aspects of legal socialization and the effectiveness of the implementation of decisions to ensure the protection of the rights of the parties after divorce.

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Publication Details

Journal
Journal of Global Legal Review
Published
2025-06-30
DOI
https://doi.org/10.59963/jglegar.v3i1.428
Primary Topic
Geochemistry and Geologic Mapping
Type
article
Field-Weighted Citation Impact
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article

Peran Putusan Pengadilan Agama Dalam Penyelesaian Sengketa Harta Bersama Setelah Perceraian

Journal of Global Legal Review
Geochemistry and Geologic Mapping
article

Peran Putusan Pengadilan Agama Dalam Penyelesaian Sengketa Harta Bersama Setelah Perceraian

article en

Abstract

This study aims to analyze the role of Religious Court decisions in resolving joint property disputes after divorce, and to assess the extent to which the decision provides justice and legal certainty for the parties. The method used in this study is an empirical approach, with a case study at the Padang Religious Court. Data were obtained through a study of court decision documents, interviews with judges, and observations of the trial process and implementation of decisions. The results of the study indicate that Religious Court decisions have an important role in resolving joint property disputes, but there are still obstacles in their implementation, such as a lack of legal understanding from the parties, administrative obstacles, and limitations in the execution mechanism. Most decisions have considered the principles of justice and proportionality in the division of property, therefore, strengthening is needed in the aspects of legal socialization and the effectiveness of the implementation of decisions to ensure the protection of the rights of the parties after divorce.

Journal of Global Legal ReviewVol. 3(1)
Universitas Muhammadiyah Sumatera Barat (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 64%
Geochemistry and Geologic Mapping
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Peran Putusan Pengadilan Agama Dalam Penyelesaian Sengketa Harta Bersama Setelah Perceraian · Journal of Global Legal Review (2025) | TGRS Research Map | TGRS