Analisis Putusan Pengadilan Mengenai Persengketaan Harta Bersama Pasca Perceraian (PUTUSAN NOMOR 320/PDT.G/2023/PA.Kdl)

This research examines Decision Number 320/Pdt.G/2023/PA.Kdl as the object of study, focusing on the judicial considerations in determining the division of marital property after divorce and the application of the contra legem and Teleological Interpretation, Sociological Interpretation principle to Article 97 of the Compilation of Islamic Law (KHI). The purpose of this study is to analyze the legal reasoning applied by the judges in determining a non-equal division of marital assets and to evaluate the relevance of applying contra legem in achieving substantive justice. This study uses a normative juridical method with a case-study approach and decision analysis supported by primary, secondary, and tertiary legal materials. The results indicate that although the court recognized the disputed house and land as joint marital assets, the judges did not apply the equal division rule as mandated in Article 97 KHI. Instead, the court assessed unequal economic contributions between the parties, where the defendant played the dominant financial role as a migrant worker, while the plaintiff primarily contributed in the domestic sphere. Based on these considerations, the judges applied a proportional model, granting two-thirds of the assets to the defendant and one-third to the plaintiff. The study concludes that the application of contra legem in this decision represents a form of judicial law-making aimed at achieving substantive justice and is compatible with Islamic legal principles related to syirkah and public benefit. The study suggests that policymakers revise regulations on marital property division and develop technical guidelines for assessing contributions in judicial practice.