<![CDATA[This study examines the Implementation of Joint Property Division Based on Article97 of the KHI at the Tulungagung Religious Court. This study aims to analyze theimplementation of Article 97 of the KHI to determine the implementation or legalpractice related to the division of joint property at the Tulungagung Religious Courtand to determine the obstacles or constraints faced in implementing the article. Theresearch method used in this study is empirical legal research. The results of thestudy indicate that (1) The implementation of the division of joint property at the Tulungagung Religious Court can be carried out in two ways, namely it can beaccumulated with divorce cases and can be filed separately after the divorce. In theprocess, the case of the division of joint property at the Tulungagung ReligiousCourt follows the provisions stipulated as stated in Article 37 of Law No. 1 of 1974in conjunction with Article 79 of the KHI. (2) There are two obstacles faced in theimplementation of Article 97 of the KHI in the Tulungagung Religious Court,namely (a) Lack of sense of justice for the parties when the division of joint propertyis carried out naturally or naturally (b) The husband does not contribute toproviding for his wife during the marriage, which can result in a different divisionof joint property. Obstacles to the division of joint property reviewed from the theoryof law enforcement show that: (1) The role of the Judge as a legal structure hascarried out its function well because it offers a natural division of joint propertyand carries out contra legem (2) The substance regarding the division of jointproperty in the legal system does not yet reflect upright law enforcement, thuscausing legal uncertainty in society (3) The culture in the division of joint propertyhas been running well, by showing the awareness of society that obeys theapplicable law and the Judge tries to produce decisions that meet the dimensionsof justice, certainty and benefit]]>
