Gea, Heri Kurniadi (2023) Pelaksanaan Pembagian Harta Bersama Berdasarkan Putusan Nomor:0044 Pdt.g/2015/Pta.Pbr. Other thesis, Universitas Islam Riau.

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Abstract

IMPLEMENTATION OF THE DISTRIBUTION OF COLLECTIVE PROPERTY BASED ON DECISION NUMBER: 0044 PDT.G/2015/PTA.PBR (CASE STUDY) Article 1 of Law Number 1 of 1974 concerning Marriage states that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on Belief in One Supreme God. Thus marriage is always expected to take place happily and eternally, but under certain conditions and circumstances divorce is something that cannot be avoided as a reality. Divorce is a legal event that will bring various legal consequences, one of which is related to joint assets in marriage. The distribution of joint assets according to the provisions of Article 37 of Law Number 1 of 1974 concerning Marriage does not stipulate explicitly what the share of each divorced husband or wife is, whether divorced or divorced. Article 37 paragraph (1) states that when a marriage is broken up due to divorce, joint assets are regulated according to their respective laws. In the elucidation of Article 37 paragraph (1) it is emphasized that each of these laws are religious law, customary law and other laws related to the division of the joint property. In addition to Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law also applies in Indonesia, which relates to the distribution of joint assets as regulated in Articles 96 and 97 of the Compilation of Islamic Law. Based on these things, the problems that will be examined in this research are: how is the division of joint assets in practice at the Pekanbaru High Religious Court of Riau Province and the obstacles to the distribution of joint assets. The approach method used is a normative juridical approach in the judge's decision. Based on the results of the study, it can be concluded that the distribution of joint assets is carried out on the basis of Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, so that assets obtained from either the husband or wife become joint rights as long as nothing is specified otherwise in the marriage agreement and if the marriage is broken up, each has the right 1 /2 (half) of the assets, because during the marriage there were shared assets. Obstacles that arise in the implementation of the distribution of joint assets are the Judge's Legal Considerations on the Distribution of Joint Assets which stipulates the distribution of a plot of land and permanent buildings on it as joint property, even though the permanent land and buildings are the assets of the defendant In Case Number 0044/Pdt .G/2015/PTA.Pbr.

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