Division of Joint Assets Based on the Implementation of Responsibilities

Abstrak

The distribution of joint property after divorce is no longer solely based on Article 97 of the Compilation of Islamic Law, which provides for an equal division between the wife and the husband. Through Supreme Court jurisprudence Number 266 K/AG/2010 and Number 78 K/AG/2021, joint property has instead been allocated in a larger proportion to the wife. In Jurisprudence Number 266 K/AG/2010, the distribution was set at three-quarters for the wife and one-quarter for the husband, while Jurisprudence Number 78 K/AG/2021 allocated 70% to the wife and 30% to the husband. A similar paradigm departing from Article 97 of the Compilation of Islamic Law is also found in the practice of the Banda Aceh Sharia Court, notably in Decision Number 279/Pdt.G/2022/MS.Bna, which awarded a larger share of joint property to the wife. This study aims to analyze the reinterpretation of judges in the distribution of joint property and to develop a model of joint property distribution based on the implementation of responsibility and the principle of proportionality. This research employs empirical legal research using conceptual and statutory approaches. The data were obtained through interviews with judges of the Banda Aceh Sharia Court and an examination of relevant judicial decisions. Data analysis was conducted qualitatively by examining field findings and correlating them with Supreme Court jurisprudence. The findings indicate that judges’ reinterpretation of joint property distribution is grounded in considerations of how husbands and wives fulfilled their responsibilities during the marriage. Husbands are deemed irresponsible when there is proven neglect of family obligations toward their wives and children. This study also proposes a model for the development of joint property distribution based on the implementation of responsibility and proportionality. The implications of these findings suggest the need for adjustments in the application of the law to accommodate contextual justice, while also considering its impact on the protection of the rights of both husbands and wives in the post-divorce distribution of joint property.