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Gugun Gumilar
Dublin City University
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Distribution Of Joint Properties According To Balanced Justice Principle M Ridwan; Gugun Gumilar; Amran Suadi; KN Sofyan Hasan; M Syaifuddin
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.57-76

Abstract

The structure of joint property divided governed by Law No. 1 of 1974, and the Compilation of Islamic Law must fully reflect the importance of justice and legal clarity. Based on that, the issue addressed in this journal is how to design a more reasonable and legally specific partition of the joint property after divorce for the community in the relevant marital law in the future. This study is categorized as legal-normative research. According to the study's findings, the future concept of joint property law reconstruction is to incorporate the principle of balanced justice based on Pancasila into Article 37 of Law Number 1 of 1974 concerning Marriage and Article 97 of the Compilation of Islamic Law through amendments to Article 37 of Law Number 1 of 1974 and Article 97 of the Compilation of Islamic Law. The notion of balanced justice has been found in various Republic of Indonesia's Supreme Court decisions. As a result, some of the legal rules in the joint property decision must be reviewed while developing joint property law regulations.
The Supreme Court and Islamic Family Law Reform: A Review of Policy Direction and Implementation Challenges Muchlis; Ramdani Wahyu Sururie; Idzam Fautanu; Usep Saepulah; Gugun Gumilar
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.677-700

Abstract

The reform of Islamic family law is not only related to legal matters but also to the social and cultural values surrounding it. In Indonesia, the development of Islamic family law has relied on the government and the legislature, as reflected in the enactment of the Marriage Law and the Compilation of Islamic Law. However, the lengthy legislative process, which is often laden with political interests, makes it difficult to accelerate legal reform. This study aims to analyze the role of the Supreme Court, particularly the Religious Chamber, as an institution with the potential to expedite the reform of Islamic family law through its judicial authority. applying a qualitative method and descriptive analysis, this research finds that the Supreme Court contributes significantly to Islamic family law reform through progressive decisions and the Plenary Meetings of the Religious Chamber producing  legal formulations. The main findings show that the reform agenda promoted by the Supreme Court focuses on strengthening the protection of women’s and children’s rights. The study also identifies two major challenges in implementation: variations in judges’ adherence to the plenary formulations and limited public access to information regarding the plenary outcomes. These findings underscore the importance of optimizing the role of the Supreme Court as a strategic driver in accelerating the reform of Islamic family law in Indonesia.
Co-Authors Idzam Fautanu Kn Sofyan Hasan M Ridwan M Syaifuddin Muchlis Ramdani Wahyu Sururie Suadi, Amran Usep Saepulah