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Ade Sultan Muhammad
Fakultas Hukum, Ilmu Sosial dan Ilmu Politik, Universitas Mataram

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ANALISIS HUKUM TERHADAP STATUS HARTA GONO-GINI YANG DIJAMINKAN SETELAH PERCERAIAN: Legal Analysis Of The Status Of Marital Property (Gono-Gini) Used As Collateral After Divorce R. Fahmi Natigor Daulay; Ade Sultan Muhammad
Ganec Swara Vol. 19 No. 4 (2025): Desember 2025
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v19i4.414

Abstract

Joint property (gono-gini) or marital property refers to property acquired by spouses during marriage based on Article 35 of Law No. 1 of 1974 on Marriage. In practice, complex issues arise when such joint property is used as collateral in financial institutions, followed by divorce. This study analyzes the legal responsibility of spouses toward joint property used as collateral after divorce and its settlement mechanism. The research method employs a normative juridical approach with qualitative analysis of relevant legislation. The findings indicate that legal responsibility remains jointly applicable despite divorce, and property division can only be conducted after debt obligations are settled first to protect the rights of both parties and creditors.
Problematika Pemenuhan Hak Keperdataan Istri pada Cerai Talak Aparatur Sipil Negara: Problems in Fulfilling the Wife’s Civil Rights in Talak Divorce of the State Civil Appar Fatahullah Fatahullah; Syamsul Mujtahidin; Ade Sultan Muhammad; Jamaludin Jamaludin
Ganec Swara Vol. 20 No. 3 (2026): September 2026
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v20i3.797

Abstract

Divorce is the most dominant marital dispute examined and adjudicated by the Religious Courts. One direct consequence of divorce is the husband’s obligation to fulfil his former wife’s civil rights in the form of madhiyah maintenance, iddah maintenance including housing and clothing, mut’ah, child maintenance, and the division of marital property. For divorce committed by the State Civil Apparatus, Article 8 of Government Regulation Number 10 of 1983 also applies, requiring the division of salary to the former wife until she lawfully remarries. This study aims to analyse the fulfilment of the wife’s civil rights in talak divorce cases of the State Civil Apparatus and the problems arising from the application of that provision. This is normative legal research employing statutory, conceptual, and analytical approaches, drawing on primary, secondary, and tertiary legal materials analysed qualitatively. The findings show that talak through judicial proceedings aims to prevent arbitrariness by the husband, so that judges may order lump-sum payment of maintenance before the talak pledge is pronounced and impose dwangsom for late payment. Furthermore, Article 8 is problematic because it sets no maximum time limit, creating room for abuse through unregistered sirri marriage, thus requiring judicial breakthrough in the form of lump-sum payment for a definite period.
Co-Authors Fatahullah Fatahullah Jamaludin Jamaludin R. Fahmi Natigor Daulay Syamsul Mujtahidin