Tahqiqa: Jurnal Pemikiran Hukum Islam
Vol. 19 No. 1 (2025): Januari

PENGALIHAN HARTA GONO GINI OLEH SATU PIHAK (PERSPEKTIF HUKUM ISLAM)

Fajarwati (Unknown)



Article Info

Publish Date
31 Jan 2025

Abstract

Joint assets (gono gini) are assets obtained by the husband and wife during the marriage. The assets obtained during the marriage will become one unit, so that when a divorce occurs, the joint assets (gono gini) will be divided into 2 (two), namely ½ (one half) for ex-husband and ½ (one half) for ex-wife. The legal basis for joint property (gono gini), namely: Article 35 paragraph (1) of the Marriage Law. Joint assets (gono gini) cannot be transferred/sold or mortgaged (secured) to another party, unless there is mutual agreement between the husband and wife. This is regulated in Article 36 paragraph (1) of the Marriage Law: "Regarding joint property, a husband or wife can act with the consent of both parties." And Article 92 of the Compilation of Islamic Law (KHI): "A husband or wife is not permitted to sell or transfer joint property without the consent of the other party."

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Journal Info

Abbrev

tahqiqa

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Tahqiqa : Jurnal Pemikiran Hukum dan Hukum Islam emphasizes the study of law and Islamic law in Indonesia by emphasizing the theories of law and Islamic law and its practices that developed in attendance through the article publications, research reports, and book reviews. We are interested in ...