Sensitivitas Gender Hakim Pengadilan Agama Pelalawan Pada Perkara Harta Bersama

Abstract

Purpose – This study aims to analyze the legal considerations of the Panel of Judges in the division of
marital property following divorce, specifically in Decision Number 413/Pdt.G/2021/PA.Tng. It also seeks
to assess the extent of gender sensitivity demonstrated by the judges in evaluating the wife's contribution
to the accumulation of shared assets.
Methodology – This research employs a qualitative method with a normative juridical approach. Data were
collected through document analysis of the court decision and interviews with the judges who handled the
case. The data were then analyzed using content analysis techniques.
Findings – The findings reveal that although Article 97 of the Compilation of Islamic Law stipulates an
equal division (50:50) of marital property, the Panel of Judges in this case decided on a 3/5 share for the
wife and 2/5 for the husband. This decision was based on factual evidence indicating that the wife had made
a greater contribution to the accumulation of marital assets. Such consideration reflects the application of
justice and gender sensitivity within legal practice.
Originality/Novelty – The novelty of this research lies in its focus on actual contribution-based asset
division rather than a formal half-and-half principle. It also highlights the incorporation of gender justice
in judicial reasoning—an area rarely explored in-depth within Islamic family law studies.
Implications – This study emphasizes the importance of interpretative flexibility in applying the law fairly
and contextually. Moving forward, judges are expected to adopt a contribution-based and gender-sensitive
approach in resolving marital property disputes to achieve more substantive justice for both men and women
in divorce cases.