An Nawawi
Vol 1 No 2 (2021): An Nawawi

PROSES PENYELESAIAN PERKARA HARTA BERSAMA DI PENGADILAN AGAMA

Mahardhita, Gempur (Unknown)



Article Info

Publish Date
27 Oct 2021

Abstract

When a marriage is terminated, a new legal effect arises. One of the legal impacts that arise is that the distribution of joint assets is required. Joint assets in marriage are property acquired during the marriage, this is as regulated in Article 35 paragraph (1) of Law Number 1 of 1974 concerning Marriage which reads "property acquired during marriage becomes joint property". The distribution of joint assets for Indonesian citizens who are Muslim is carried out in the Religious Courts. This is as regulated in articles 49 and 50 paragraph (2) of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The article essentially states that when there is a dispute over property rights between people who are Muslim related to marriage, endowments, zakat, inheritance, wills, infaq, sharia economics and shadaqah, the dispute is decided by the religious court. In its implementation, the settlement of the distribution of joint assets will go through the stages regulated by the Civil Procedure Code. This stage will be the basis for the panel of judges to give a decision related to the case being examined.

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Journal Info

Abbrev

annawawi

Publisher

Subject

Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

An Nawawi : Jurnal Hukum dan Ekonomi Islam is a scientific journal of Law and Islamic Economics published by Sekolah Tinggi Ilmu Fikih Syeikh Nawawi Tanara Serang Banten - Indonesia. It is a semiannual journal published in April and October for the developing the scientific ethos. Editors accept ...