Moh. Muhibbin
Program Pascasarjana, Magister Hukum, Universitas Islam Malang

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Journal : academia open

Legal Protection for Wives in Joint Property Division After Divorce Mutiara Far'h Riasya; Moh. Muhibbin; Budi Parmono
Academia Open Vol. 11 No. 1 (2026): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.11.2026.13048

Abstract

General Background: The division of joint property following divorce remains a central issue in Indonesian family law, particularly under the normative framework of the Marriage Law and the Compilation of Islamic Law, which traditionally emphasize equal distribution. Specific Background: In practice, rigid application of a 50:50 division often fails to address situations where one spouse bears a dominant economic role, especially in cases involving wives as primary breadwinners. Knowledge Gap: There is limited doctrinal clarity on how courts should reconcile formal equality norms with factual disparities in economic contribution within marriage. Aims: This study aims to analyze legal protection for wives in joint property disputes where husbands fail to contribute economically, as reflected in Blitar Religious Court Decision Number 1560/Pdt.G/2023/PA.BL. Results: Using a normative juridical method with statutory, conceptual, and case approaches, the study finds that the court allocated 80% of joint property to the wife and 20% to the husband, based on evidence of the wife’s exclusive financial contribution and the husband’s failure to fulfill economic obligations. Novelty: The decision demonstrates judicial recognition that justice in joint property division need not follow a mathematical formula, but may adopt proportional distribution grounded in substantive justice. Implications: This ruling provides an important precedent for strengthening legal protection for wives, affirming that factual economic contributions and vulnerability after divorce must guide equitable resolution of joint property disputes in Indonesian religious courts. Highlights: Judicial reasoning prioritized factual economic roles over formal equal-sharing norms. Proportional allocation was grounded in evidence of exclusive financial responsibility. The ruling strengthens doctrinal support for equity-based asset distribution in divorce cases Keywords: Joint Property, Legal Protection for Wife, Divorce, Economic Contribution, Court Decision.
The Judge's Ex Officio Authority in Fulfilling Wife and Child Support Rights After Divorce in the Religious Court: Kewenangan Ex Officio Hakim dalam Pemenuhan Hak Nafkah Istri dan Anak Pasca Perceraian di Pengadilan Agama Dian Maulidah; Moh. Muhibbin; Diyan Isnaeni
Academia Open Vol. 12 No. 1 (2027): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.12.2027.15070

Abstract

General Background Divorce generates continuing economic obligations toward former wives and children, making postdivorce maintenance a central concern in religious court proceedings. Specific Background Indonesian judges may exercise ex officio authority to determine maintenance even when it is not expressly requested, provided legal requirements and trial facts support such intervention. Knowledge Gap Previous studies have predominantly emphasized normative foundations and judicial authority, while empirical evidence concerning courtroom application, maintenance determination, implementation constraints, and the roles of judicial actors remains limited. Aims This empirical legal study examines the implementation of ex officio judicial authority in fulfilling postdivorce maintenance rights at the Malang Regency Religious Court and identifies factors shaping its application through a socio-legal approach, interviews, documentation, and legal literature. Results Ex officio authority functions as a legal protection mechanism based on trial facts, the husband’s economic capacity, the needs of former wives and children, proportionality, and child welfare. Its implementation is shaped by legal awareness, evidence of economic capacity, mediation, and judgment enforcement. Novelty The study proposes an integrated strengthening model comprising normative foundations, evidentiary reinforcement, procedural reinforcement, and judgment enforcement. Implications Religious courts should strengthen fact-finding capacity, legal aid services, mediation, and interinstitutional coordination to support the actual realization of maintenance entitlements after divorce. Highlights: Four implementation determinants emerged: legal awareness, proof of husbands’ economic capacity, mediation, and judgment enforcement. Awards depend on courtroom facts, financial ability, claimant needs, proportionality, and child welfare considerations. The proposed model integrates normative grounding, evidentiary quality, procedural coordination, and execution of decisions. Keywords: Ex Officio Judge, Maintenance Rights, Divorce.