Judicial Activisme Dalam Penyelesaian Sengketa Harta Bersama Dengan Objek Saham Perseroan Terbatas di Pengadilan Agama

The object of joint property claims in the Religious Courts has experienced various developments, including allowing the object of dispute to be in the form of intangible movable objects such as shares in limited liability companies. This is interesting, based on at least 2 (two) reasons, First, This type of case is rarely found in the Religious Courts, and second, the legal norms for resolving share disputes as joint assets have not been accommodated in concrete and detailed terms. So, this topic is interesting to research, to see how the legal construction of joint property dispute resolution is with the object being shares in limited liability companies. Both a conceptual and a statute approach were used in this study's analysis, which was then presented in a descriptive analytical fashion. This research concludes 3 (three) things, First, the position of shares as joint property is regulated by two overlapping laws. To avoid legal antinomies, judges can do judicial activism, by carrying out legal reasoning (legal reasoning) and re-understand the legal concept of ongoing matters. Second, the judge has to do judicial activism in the context of formal law by maximizing the local inspection process and placing collateral confiscations to guarantee the principle of procedural interests (process doelmatigheid) in religious courts. Third, in the frame judicial activism, In order to determine the amount of each party's share, the judge must take into account the fact that stock investing activities must be considered a business activity that contributes to the growth of joint assets.