ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM PENENTUAN HARTA GONO-GINI DALAM UPAYA PERCERAIAN OLEH PEKERJA MIGRAN WANITA INDONESIA DI PONOROGO (STUDI KASUS PENGADILAN AGAMA PONOROGO)

Marriage plays an important role in shaping family and social structures; however, economic pressure, disharmony, and the absence of a spouse often trigger divorce. In families of Indonesian Female Migrant Workers, divorce frequently leads to disputes over the division of marital assets, which often places women in a disadvantaged position. This study applies an empirical legal approach through interviews with judges and advocates, as well as an examination of court decisions. The analysis shows that judges generally refer to the Compilation of Islamic Law, which stipulates an equal 50:50 division of marital property for the sake of legal certainty, even though economic contributions are often greater on the part of wives working abroad. In practice, various obstacles arise, including difficulties in proving ownership, absence of parties during hearings, limited access to legal assistance, and socio-cultural factors that weaken women’s bargaining position. These findings indicate that judicial considerations are not solely based on written law but also on courtroom facts and substantive justice for the parties. The results further reveal that the division of joint property largely remains consistent with the 50:50 principle to maintain legal certainty, despite the dominant contribution of migrant wives. The main challenges faced by judges include limited documentary evidence, administrative constraints, and socio-cultural conditions that disadvantage women. Therefore, increased legal education and assistance for Female Migrant Workers are necessary to ensure optimal protection of their rights to marital property.