ANALISIS YURIDIS PERTIMBANGAN HAKIM PENGADILAN AGAMA PONOROGO DALAM MENCABUT GUGATAN HARTA BERSAMA (STUDI KASUS PUTUSAN 1226/PDT.G/2023/PA.PO)

This study aims to analyze the legal considerations of the judges at the Religious Court of Ponorogo in accepting the withdrawal of a joint property lawsuit, as outlined in Decision Number 1226/Pdt.G/2023/PA.Po. A joint property claim is part of the post-divorce dispute resolution process concerning the distribution of assets acquired during the marriage. In this case, the plaintiff withdrew the lawsuit, and the court accepted the withdrawal. This research employs a normative juridical approach and case study method by examining relevant laws and regulations, as well as analyzing the judge’s legal reasoning in the decision. The findings reveal that the withdrawal of the lawsuit was accepted based on the provisions of the Indonesian Civil Procedural Law (HIR) and the applicable Supreme Court regulations, which allow such withdrawal as long as the decision has not acquired permanent legal force. Furthermore, the judge considered principles of justice and caution to ensure that no party's rights were violated. The study concludes that the judge’s legal considerations align with the procedural civil law norms and the principles of justice in resolving civil disputes within the religious court system.