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Ajrina Tamimi
Universitas Islam Negeri Sumatera Utara

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Pandangan Hakim Pengadilan Agama Kota Medan tentang Legalitas Akun Konten Digital Sebagai Harta Bersama Ajrina Tamimi; Rizki Muhammad Haris
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2806

Abstract

The development of the digital economy in Medan City has made social media accounts (Instagram, TikTok, YouTube) function as income-generating family assets. However, their immaterial nature and the platform's privacy regulations create obstacles in determining their status and distribution as joint assets during divorce. This study aims to clarify the legal status of digital accounts as joint assets, analyze the legal considerations of Medan Religious Court Judges, and formulate a fair and practical distribution pattern. Using a qualitative juridical-empirical method (socio-legal research) with semi-structured interviews with the leadership and senior judges of the Medan City Religious Court and a study of legal materials, the results of the study indicate that digital accounts substantively meet the qualifications for joint assets based on the huquq maliyah doctrine in contemporary muamalah fiqh. Medan City Religious Court Judges have progressively established the principle of economic value as the main barometer for determining joint assets as long as they generate financial conversion during marriage. The distribution and execution mechanism can be carried out through two legal constructions, namely liquidation/sale of accounts or shared access control with the distribution of royalties/passive income, although the courts still face challenges in the aspect of proof (onus probandi) related to activity, turnover, and the period of account creation.