THE LEGAL PROTECTION FOR WOMEN IN JOINT PROPERTY WITH REFERENCE TO CEDAW (A STUDY AT THE SHARIAH COURT OF BANDA ACEH)
The distribution of joint property is regulated by the positive law in Indonesia. However, the divisions of joint property in Aceh especially in Gampong Peurada and Bireun Regency tends to lead to injustice and discrimination toward one party, especially women. This is caused by the stigma that women do not work so they get less share than the husband.
Based on the background above, this study aims at finding out how to divide the joint property properly and to provide protection for the wives who do not work according to CEDAW so there is no discrimination against women.
Based on the explanations contained in the problem formulation and research objectives, the empirical juridical approach is used in this study. The data was obtained through field research and library research. Both data were analyzed by using a qualitative approach.
The result of this study indicates that the Shari'ah Court of Banda Aceh has applied justice in the division of joint property. By considering the facts and gender equality, the judge gives more of the joint property to the wife who helps the economy of her household.
The customary stakeholders, who act as mediators, should pay attention to the matters oriented towards gender justice. Therefore, when the deliberations are held, they can protect the rights of both women and men and can follow the development of Indonesian society.
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