About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

141 J.L. Pol'y & Globalization 1 (2024)

handle is hein.journals/jawpglob141 and id is 1 raw text is: Journal of Law, Policy and Globalization www.iise.or ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol. 141, 2024 IIsT Settlement of Joint Property Disputes Resulting from Divorce in the Religious Courts Mahdianur Anis Mashdurohatun' Ahmad Busrol Mahmutarom HR 1. Universitas Islam Sultan Agung Semarang, Indonesia 2. Unwahas Semarang, Indonesia Email: anism@unissula.ac.id Abstract The aim of this research is to analyze and find a fair resolution of joint property disputes resulting from divorce in the Religious Courts. The research method used is sociological legal research. This research uses primary data and secondary data. Data collection techniques through literature study, interviews and questionnaires. The collected data was analyzed qualitatively. The results of the research found that the current distribution of joint assets as a result of divorce is not fair, namely Article 97 of the Compilation of Islamic Law, namely that divorced widows or widowers are each entitled to half of the joint assets as long as it is not specified otherwise in the marriage agreement. Fair resolution of joint property disputes resulting from divorce in the Religious Courts is that the distribution of joint property resulting from divorce is carried out casuistically based on contributions taking into account the benefit and prosperity. Settlement of joint property disputes resulting from divorce is based on the orientation of the distribution which is solely for the interests, benefit and benefit of those concerned, on the other hand, certain situations and conditions which can harm the interests and welfare and endanger one of the parties must be avoided. So it is necessary to reconstruct the law, especially Article 37 of Law Number 1 of 1974 and Article 97 of the Compilation of Islamic Law. Keywords: Settlement, Dispute, Joint Property, Marriage: DOI: 10.7176/JLPG/141-01 Publication date: April 30th 2024 A. Introduction The legal relationship that exists in a valid marriage gives rise to certain legal consequences (rechtsgevolg) for the husband and wife in the marriage. One very basic legal consequence is regarding the legal relationship (rechtsbetrekking) between husband and wife. Other legal consequences are the formation of marital property (joint property, marital property ties), the position and status of legitimate children, as well as inheritance relations if one of the husband and wife dies.1 It needs to be emphasized that, the Marriage Law emphasizes the principle of legality, therefore the legal consequences of marriage as mentioned above can and can only be obtained if the marriage is carried out legally, namely fulfilling the provisions of Article 2 paragraph (1) and paragraph (2) of Law Number 1 of 1974 concerning Marriage (marriages are carried out according to the laws of each religion and belief, and are recorded according to applicable laws and regulations).2 One of the legal consequences of a valid marriage, as stated above and related to the theme of this chapter, is the creation of marital property. Assets or assets in marriage (marital properties) arise from the efforts of both husband and wife. The existence of joint property functions, apart from being an asset, also to fulfill all the needs needed in family life. The Marriage3 Law does not question who is the party who actually cultivates the property (zahir) but rather emphasizes the aspect of when the joint property was acquired. This means that the Marriage Law recognizes the existence and roles of the two different parties. If the husband works to earn a living and the wife as a housewife takes care of household affairs well, these two things are a continuation of the role of husband and wife together in earning a living and the assets that exist later.4 The Marriage Law regulates property in marriage, including Article 35 paragraph (1) which states that property acquired by husband and wife during marriage becomes joint property; Article 97 of the Compilation of Islamic Law, namely that divorced widows or widowers each have the right to half of the joint property as long as it is not specified otherwise in the marriage agreement. 'H. M.Fahmi Al Amruzi, Marital Property Law Comparative Study of Fiqh, KHI, Customary Law and the Civil Code (Yogyakarta, Aswaja Pressindo, (2014)).page.47. 2 Gunarto, Subroto, Anis Mashdurohatun (2022). Legal Reconstruction on Talak Divorce Regulation Based on Justice Value. Sch Int J Law Crime Justice, 5(10): p.462-467. 3Yenni Novita Wulandari, Anis Mashdurohatun, Abdul Halim Barakatullah, Reconstruction Of Marriage Agreement Regulations In Indonesia Based On Justice Value, South East Asia Journal of Contemporary Business, Economics and Law, Vol. 28, Issue 3 (April).p.115-126. 4Anis Mashdurohatun, Jamadi, Eman Suparman (2022). Developing Intellectual Property Rights as Joint Assets PostMarriage Decisions Based on Justice. Sch Int J Law Crime Justice, 5(12): 527-535. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most