Rafli, Odza Mahfira (2025) Analisis Putusan Pengadilan Agama Batam (No. 678/Pdt.G/2021/PA.Btm) tentang Pembagian Harta Bersama Perspektif Hukum Progesif. Masters thesis, Universitas Islam Riau.

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Abstract

The division of joint property after divorce is one of the crucial issues in Islamic family law in Indonesia which often causes disputes and requires a fair settlement in the Religious Courts. Batam Religious Court Decision No. 678/Pdt.G/2021/PA. Btm is one example of an interesting case to be studied more deeply, especially related to the judge's consideration in deciding the case of the division of common property. On the other hand, the concept of progressive law initiated by Satjipto Rahardjo offers a paradigm that the law is for humans, not the other way around, so law enforcement must always be oriented towards substantive justice and social benefits, beyond the barriers of legal formalism. Therefore, the analysis of the verdict through the lens of progressive law becomes relevant to see the extent to which judges seek to realize more dynamic and responsive justice. The formulation of the problem in this study is: What is the Impact of the Results of the Decision of the Religious Court Judge on Decision Number 678/Pdt.G/2021/Pa.Btm? and How to Apply the Principles of Progressive Law in the Decision of the Religious Court in Case Number 678/Pdt.G/2021/Pa.Btm?3. Research Methods This study uses a normative legal research method (normative juridical with a case study approach) to the Batam Religious Court Decision No. 678/Pdt.G/2021/PA.Btm. Primary data sources are copies of the decision, while secondary data includes books, scientific journals, articles, laws and regulations related to marriage law, Compilation of Islamic Law, and progressive legal theory. The data collection technique is carried out through document studies (literature studies). Data analysis is carried out qualitatively with interpretation methods to understand the judge's considerations and relate them to progressive legal principles. The results of the study show that in the Batam Religious Court Decision No. 678/Pdt.G/2021/PA. Btm, the judge in considering the division of joint property has tried to pay attention to the aspects of justice and contribution of each party during the marriage, not only fixated on rigid mathematical divisions. From a progressive legal perspective, this ruling indicates an effort by judges to make legal discoveries (rechtsvinding) and not solely to be a mouthpiece of the law (la bouche de la loi). Judges are seen seeking to explore the values of substantive justice and the benefits to the parties, for example by considering non-material contributions and postdivorce economic conditions, which are in line with the spirit of progressive law for laws that serve people and realize more humanist justice, although the full implementation of progressive principles may still be further optimized.

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