PERTIMBANGAN HAKIM PENGADILAN AGAMA KOTA DEPOK DALAM PENERAPAN ASAS IUS CONTRA LEGEM DALAM PEMBAGIAN HARTA BERSAMA (Studi Kasus Pengadilan Agama Kota Depok)

Ayi Abdurahman Sayani, Ahmad Mulyadi Kosim, Sutisna Sutisna

Abstract


This study uses a combination of library research and field research, is research that collects data in the field, then analyze it and get the conclusion from this research. The result of this research is the consideration of Religious Court judges of Depok City in applying the principle of ius contra legem in the Decision of PA Depok. 2506 / Pdt.G / 2014 / PA.Dpk is that based on the facts in the hearing, if article 97 KHI is posited by letterleg in this case is irrelevant. The Assembly argued that the percentage of 75 for the defendant and 25 for the plaintiff is very fair given the source of funds to build the house which became the object of the dispute is dominated by the contribution of the wife, including some of which is a grant from the wife's parents.

Keywords


Hakim; Asas Ius Contra Legem; Harta Bersama

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Copyright (c) 2018 Ayi Abdurahman Sayani, Ahmad Mulyadi Kosim, Sutisna Sutisna

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Mizan, P-ISSN: 2598-974X, E-ISSN: 2598-6252