Permadani, Al Amin (2024) Analisis Yuridis Pembagian Harta Bersama Akibat Terjadinya Perceraian Pada Putusan Nomor 311/pdt.g/2023/pa.twg. Other thesis, Universitas Islam Riau.

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Abstract

Article 97 of the Compilation of Islamic Law (KHI) determines that the distribution of joint property after a divorce is divided equally between the ex-husband and ex-wife unless there is a marriage agreement. Decision Number 311/Pdt.G/2023/PA.Twg, in this case without a previous marriage agreement, the judge decided to divide joint assets 30% for the ex-husband and 70% for the ex-wife, this is interesting to research considering the current urgency of the position of women as wives, many also work. The main problem in this research is, how did the judge consider in deciding Decision Number 311/Pdt.G/2023/PA.Twg, and how did KHI analyze Decision Number 311/Pdt.G/2023/PA.Twg. This research method is of the Normative legal research type, while according to its nature it is analytical descriptive, the data used in this research uses secondary data and conclusions are drawn using an inductive method. The results of this research are that the Panel of Judges in deciding Case Number 311/Pdt.G/2023/PA.Twg took more into account the facts of the trial which consisted of written evidence/letters, witness evidence, and evidence of the plaintiff-defendant's confession/allegations during the trial process. The results of KHI's analysis of Decision Number 311/Pdt.G/2023/PA.Twg do not conflict with the rules of the Compilation of Islamic Law, the equal distribution of joint assets in KHI because the husband and wife have an equal position in the sense that the husband works to earn a living while the wife takes care of household at home, but in this case the wife also works, thus affecting the acquisition of joint assets. Keywords :

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