Sultan Agung Notary Law Review
Vol 3, No 2 (2021): June 2021

The Consequences of Divorce Law on Common Property under Marriage Law & KHI

Aldya Khaira Almeyda (Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang)
Ahmad Khisni (Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang)



Article Info

Publish Date
10 Aug 2021

Abstract

The distribution of joint assets according to the provisions of Article 37 of Act No. 1 of 1974 concerning Marriage is not clearly stipulated how much each husband or wife is divorced, either divorced or divorced. Article 37 paragraph (1) states that if a marriage breaks up due to divorce, the joint property is regulated according to their respective laws. In the explanation of Article 37 paragraph (1), it is emphasized that the respective laws are religious law, customary law and other laws related to the distribution of the joint property. In addition to Act No. 1 of 1974 concerning Marriage, the Compilation of Islamic Law also applies in Indonesia, which relates to the distribution of joint assets as regulated in Articles 96 and 97 of the Compilation of Islamic Law. Based on these things, the problems that will be examined in this research are: what are the legal consequences of settling disputes on joint property according to Marriage Act No. 1 of 1974 and KHI, and what are the views of Islamic law regarding the distribution of joint assets after divorce, as well as the obstacles to the implementation of the distribution of joint assets  in practice at the Salatiga Religious Court, Central Java Province.

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Journal Info

Abbrev

SANLaR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Sultan Agung Notary Law Review (SANLaR) is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. SANLaR previously published in twice (2) a year, however, due to the increasing demand for writers and the increasing number of submitted manuscripts, the ...