Analisis Penyelesaian Sengketa Pembagian Harta Bersama Di Pengadilan Agama Pekanbaru

Sunandar, Prawira (2020) Analisis Penyelesaian Sengketa Pembagian Harta Bersama Di Pengadilan Agama Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Basically, every implementation of divorce will certainly cause a legal consequence between every couple who ends their marriage relationship, one of the legal consequences, namely regarding the joint assets generated in their marriage. So that this becomes a very important urgency if a marriage leads to a divorce. cases related to divorce as well as disputes regarding the distribution of joint assets for Muslims have occurred in all areas of Pekanbaru City where the dispute is resolved at the Religious Court which is adjusted to its authority The research problems, namely, How to Share Assets Together at the Pekanbaru Religious Court, and How to Settle Collective Assets Disputes at the Pekanbaru Religious Court. The research method is Observational Research which is conducted by survey, namely direct research to the research location using a data collection tool in the form of interviews. This writing is descriptive, which means that the research is intended to provide a detailed, clear and systematic description of the main research problems The result of the research shows that the distribution of joint assets at the Pekanbaru Religious Court has been carried out in accordance with the provisions, namely using the provisions of Islamic law contained in KHI article 97, it is said that "widows or divorced widowers each get a half of the joint assets sepajang is not determined otherwise in the marriage agreement" . However, it is felt that the division has no justice because in accordance with the case of joint assets, it is known that the wife is more active in producing joint assets so that if the distribution is divided by half it looks very unbalanced, and the Settlement of Disputes for Sharing of Collective Assets at the Pekanbaru Religious Court is in resolving property disputes. together with the Judge shall remain based on the applicable legal provisions, namely in Article 97 KHI based on the principles of justice and benefit in each party for each party, then the judge must also consider carefully regarding joint property or inheritance.

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