Kedudukan Harta Bersama Yang Bercampur Dengan Harta Bawaan Dalam Hal Terjadinya Perceraian (Studi Kasus Perkara No 0614/PDT.G/2016/PA.RGT)

Savira, Adinda Mayang (2020) Kedudukan Harta Bersama Yang Bercampur Dengan Harta Bawaan Dalam Hal Terjadinya Perceraian (Studi Kasus Perkara No 0614/PDT.G/2016/PA.RGT). Other thesis, Universitas Islam Riau.

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Abstract

The problem that often occurs along with the divorce process in court is the issue of joint property. Joint assets or assets obtained in a marriage bond, whether obtained from husband or wife, often cause disputes between the two parties in the distribution. Joint assets are assets obtained during the marriage, while personal assets is property obtained from the wife or husband before marriage, which is private property that is owned by themselves under their respective control as long as the parties do not determine otherwise. Regarding the legal position of joint property and inheritance, it has been regulated in Article 35 of the Marriage Law. The main problem in this research is how is the position of joint assets mixed with personal assets in the event of a divorce in case number: 0614 / Pdt.G / 2016 / PA.Rgt and how is the distribution of joint assets that have been mixed with personal assets after the divorce in case number: 0614 / Pdt.G / 2016 / PA.Rgt. The method used in this research is normative legal research, namely research that leads to legal provisions that can be determined in court decisions and statutory regulations. While the nature of the research carried out is prescriptive in conducting research, the meaning is that the assessment and suggestions from the results of this study are the objectives of the prescriptive nature based on the case study decision number: 0614 / Pdt.G / 2016 / PA.Rgt. The data used in this study is secondary data, namely data obtained from library materials. From the results of the research, it can be concluded that the sharing of joint assets mixed with personal assets at the Rengat Religious Court (Case Study of Decision No 0614 / Pdt.G / 2016 / PA.Rgt) is if there is a mixture of shared assets with personal assets in marriage, if the marriage breaks up. due to divorce, the joint assets and personal assets shall be divided by 1/2 (half).

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