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All Journal Equalegum International Law Journal Jurnal Pengadaan Indonesia
Sujoko, Ajik
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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UNEQUAL DISTRIBUTION OF JOINT ASSETS DUE TO DIVORCE Sujoko, Ajik; Kauffman, James M.
EQUALEGUM International Law Journal Volume 1, Issue 3, 2023
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v1i3.47

Abstract

Background. Joint assets are assets acquired by a husband and wife together during the period of marriage. Marriage Law Number 1 of 1974 does not regulate the division of joint assets, as a result, difficulties arise for legal administrators in resolving cases related to joint assets. This study aimed to describe the unequal distribution of joint assets due to divorce. Research Method. This research is considered as a field research or case study. It uses used descriptive analysis method and the type of research is qualitative research. The data collection procedures of this study were observation, interviews, and documentation. The case study of Semarang Religious Court Decision 512/Pdt.S/2023/PA.Sm. Findings. Joint assets are divided after divorce if the wife is more dominant in terms of looking for property through the Semarang Religious Court decision taken with a percentage of 1/3 for the husband and 2/3 for the wife, this is based on the judgment of the judge who thought that the wife should be the husband's responsibility, the wife was the one who worked hard to collect property, while the husband, who should have been more intensive in meeting household needs, turned out to be passive and only enjoyed the results of his wife's hard work. Conclusion. Marriage Law Number 1 of 1974 regarding the division of joint property adhering to the compilation of Islamic law articles 96 and 97 of the provisions mentioned above, where article 97 determines whether a divorced widow or widower lives each is entitled to half.
Potensi Sengketa Terkait Keadaan Kahar (Force Majeure) Dalam Kontrak Pengadaan Pemerintah Sujoko, Ajik
Jurnal Pengadaan Indonesia Vol. 2 No. 2 (2023): Jurnal Pengadaan Indonesia, Edisi Oktober 2023
Publisher : Ikatan Ahli Pengadaan Indonesia (IAPI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59034/jpi.v2i2.19

Abstract

The potential for disagreement between the parties to accept the event is considered a force majeure event to the contract is very likely to occur. Force major has the potential to occur at every stage of the contract starting from the pre-contract stage, the contract implementation stage, post-contract stage. To minimize the potential for disagreements that will lead to disputes, it is best to understand the potential problems at each stage of the contract related to force majeure. Contract designs or drafts that mention force major clauses in detail and precision are required in contracts in government procurement.
Co-Authors Kauffman, James M.