Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Danadyaksa: Post Modern Economy Journal
Izza Hanggraeni
Universitas Jember, Jember, Indonesia
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
The Principle of Child Protection Regarding the Interests of Minors in the Division of Joint Marital Property Izza Hanggraeni; Yusuf Adiwibowo; Halif
Danadyaksa: Post Modern Economy Journal Vol. 4 No. 2 (2026): Post Modern Economy Journal
Publisher : Yayasan Pendidikan Islam Bustanul Ulum Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69965/danadyaksa.v4i2.565

Abstract

Divorce does not only terminate the marital relationship between husband and wife but also gives rise to legal consequences concerning the division of marital joint property and the fulfillment of children’s rights. In practice, the division of joint marital property still tends to focus on the civil relationship between former spouses, without adequately considering the interests of the child as the most affected party. This occurs due to the absence of clear regulations that explicitly link post-divorce child support obligations with the utilization of joint marital property. This issue can be observed in the decisions of the Probolinggo and Kudus Religious Courts, where judges divided the marital property equally (½ for each party) without explicitly providing protection for the rights of the child. However, the child’s living and educational needs must still be guaranteed after divorce. This study aims to analyze the division of joint marital property oriented toward child protection and to formulate a legal framework that integrates the principle of child protection. Using normative legal research methods, the findings show that the division of joint marital property is still predominantly based on equal distribution, with no mechanism linking it to child maintenance obligations. Therefore, legal reform is needed to explicitly ensure that joint marital property is utilized to guarantee children’s rights after divorce.
Co-Authors Halif Yusuf Adiwibowo, Yusuf