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Diansaputerawijaya, Honky Apricoh
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ANALYSIS OF THE DISTRIBUTION OF JOINT MARITAL PROPERTY DUE TO DIVORCE AT THE LUBUK LINGGAU CLASS 1B RELIGIOUS COURT (CASE STUDY CASE NUMBER 358/Pdt.G/2025/PA.LLG) Diansaputerawijaya, Honky Apricoh; Riady, Slamet; Repado, Fachrurrozi
Jurnal Literasiologi Vol 14 No 4 (2025): Jurnal Literasiologi
Publisher : Yayasan Literasi Kita Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47783/literasiologi.v14i4.1071

Abstract

This study examines the application of progressive legal theory and the theory of justice in the process of dividing joint property due to divorce at the Lubuk Linggau Religious Court. Progressive legal theory is utilized to examine the extent to which law can be applied flexibly to achieve substantive justice, while the theory of justice is used as a foundation for assessing the balance of rights and obligations between the litigating parties. The research methods used include normative juridical, empirical juridical approaches, and case studies, with the aim of providing a comprehensive understanding of the application of law in the field.The research results show that the synergy between the two theories allows for the application of law that is not only based on formal legality but also considers humanitarian values and a sense of justice. Nevertheless, its implementation still encounters obstacles in the form of clashes between moral values and the rigidity of formalistic law. Based on the analysis of Case Number 358/Pdt.G/2024/PA.Llg, the division of joint property was carried out according to the provisions of Article 97 of the Compilation of Islamic Law (KHI) and Article 37 of Law Number 1 of 1974, taking into account both the financial and non-financial contributions of each party during the marriage.In this process, the judge has a central role in determining the amount of property division through the evaluation of evidence and arguments put forward by the parties. The resulting decision is considered to reflect the principle of justice, although there are still obstacles such as the limited understanding of the law by one of the parties. Factors that also influence the decision include the level of participation in the acquisition of property, the legal status of the disputed property, and the social and psychological conditions of the parties during the trial process.