Tinjauan Jual Beli Harta Bersama Oleh Pasangan Suami Atau Istri Menurut Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan

T, Feni Veronica. (2023) Tinjauan Jual Beli Harta Bersama Oleh Pasangan Suami Atau Istri Menurut Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

Property acquired during marriage becomes joint property. While the property obtained from each husband and wife as a gift or inheritance is under the supervision of each as long as the parties do not determine other matters. This means that all property brought in marriage remains controlled by the party who brings. In joint property there are often problems beyond the wishes of both husband and wife, then the joint property can be dissolved. The dissolution of joint property certainly has several causes, be it due to death, divorce, bed separation, marriage with the permission of the judge after the husband or wife is absent and separation of property. In this research, there are several formulations of legal problems, namely as follows. First, How is the sale and purchase of joint property if it is carried out without the consent of one of the parties of the husband or wife and Second, what is a factor in the occurrence of the sale and purchase of joint property carried out without the consent of one of the parties of the husband or wife. The method used to answer the problems mentioned above is to use empirical sociological legal research methods, (Observational Research), namely by going into the field to obtain a number of data. The data obtained by the author is located on Jln. Somel, Sei Rambutan Village, Pematang Reba Village, West Rengat District, Indragiri Hulu. The data and data sources that the author uses are secondary data, as for the data collection techniques that the author uses, namely using observation, and interview techniques. While the method of drawing conclusions that the author uses in this study is the deductive method, which is to draw conclusions from general to specific things. Based on the results of research and discussion that the author found are as follows: First, for the sale and purchase of joint property if carried out without the consent of one of the husband or wife parties, then the sale and purchase of land is null and void and is considered to have never occurred because one of the husband or wife parties did not know, so the judge then divided the joint property. The two factors for the sale and purchase of joint property carried out without the consent of one of the spouses are: a less harmonious household causes couples not to be open to each other, one party who does not appreciate the existence of the other party who has a relationship with common property, the high selfishness of one party who is only concerned with himself, one party who wants to control the joint property as a whole, as evidenced by the lack of clarity about the results of the sale of the land, and both parties that the author considers do not understand the applicable legal rules so that problems occur in buying and selling joint property. Keywords: Joint Property, Buying and Selling, Divorce

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