Tinjauan Hukum Peralihan Harta Bersama Melalui Penjualan Secara Sepihak Dalam Perkara Pembagian Harta Bersama Di Pengadilan Agama Kelas I A Pekanbaru Menurut Undang-undang No. 1 Tahun 1974 Tentang Perkawinan

Sodiq, Siti Aisyah (2021) Tinjauan Hukum Peralihan Harta Bersama Melalui Penjualan Secara Sepihak Dalam Perkara Pembagian Harta Bersama Di Pengadilan Agama Kelas I A Pekanbaru Menurut Undang-undang No. 1 Tahun 1974 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

Clause 36 paragraph (1) of law number 1 of 1974 concerning marriage the husband or wife can act with the consent of both parties. Then, according to Clause 92 of the Islamic law compilation, a husband or wife may not sell or transfer assets property without the consent of other parties. However, it was discovered in the community, particularly at the Pekanbaru religious court, that some husbands or wives sold assets property unilaterally without a collective agreement. Some of them are listed in religious Court Decisions Number 631 / Pdt.G / 2018 / PA.Pbr. and 123 / Pdt.G / 2019 / PA.Pbr. Based on these, the aim of this research is to determine what issues arise in the settlement of cases of shared property that have been sold unilaterally, as well as how to resolve cases of shared property that have been sold unilaterally at the Class IA Pekanbaru Religious Court. This research method was used a normative-empirical research which combines the normative legal approach with the addition of various empirical elements. The empirical element of this research is field research conducted at the Class IA Pekanbaru Religious Court. According to the findings of this research, the problem found in the settlement of cases of shared property that have been sold unilaterally is lack of regulations that strictly regulate the transfer of shared property, especially in the implementation of buying and selling involving shared property. The Religious Court Class IA Pekanbaru resolved the case of unilaterally sold shared property matter by imposing full responsibility and all risks on the party (husband or wife) who sold unilaterally. And orders the selling party to give the other party a portion of the sale proceeds unilaterally (husband or wife).

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