"Realisasi Keadilan dalam Hukum Keluarga Islam: Studi Sosio-Legal atas Diskresi Hakim dalam Pembagian Harta Bersama yang Tidak Seimbang" Analisis sosiolegal terhadap putusan PA Sukoharjo Nomor 1292/Pdt.G/2020/PA.Skh

Abstract

This research is motivated by the paradigm shift in Islamic family law in Indonesia, which has shifted away from a formalistic-transcendental approach toward the realization of substantive justice oriented toward tangible results (nyaya). The main issue studied is the tension between the legal certainty in Article 97 of the Compilation of Islamic Law (KHI)—which stipulates an equal division of joint property (50:50)—and the reality of the asymmetrical economic contributions of husband and wife in the modern era. This research aims to analyze how judicial discretion works to break through the rigidity of formal norms to accommodate the values ​​of justice for those bearing the greater economic burden. This research uses qualitative methods with a socio-legal approach to understand law as a dynamic social phenomenon. The research design is a single case study of the Sukoharjo Religious Court Decision Number 1292/Pdt.G/2020/PA.Skh. Data are analyzed descriptively and analytically, combining normative legal perspectives with empirical reality in court. The results indicate that the judge's reasoning in the decision is a manifestation of the transformation of responsive family law. The judge deviated from the norm through the contra legem principle to unequally align the distribution of assets based on their qualitative contributions and actual financial burdens. In conclusion, judicial discretion in this case successfully transformed the wife's economic responsibilities into stronger protection of property rights, while also demonstrating the inclusiveness of Islamic family law in filling legal gaps and holistically protecting the economic dignity of the parties.