Jurnal Litigasi Amsir
2025: Special Isu (September-Oktober)

Studi Perbandingan Pembagian Harta Bersama Akibat Perceraian Antara Hukum Perdata dan Hukum Islam

Lutfi, Muhammad Fauzi Rais (Unknown)
Aldabena, M Reyhan (Unknown)
Jonathan, Berthon (Unknown)



Article Info

Publish Date
22 Oct 2025

Abstract

This study discusses the legal implications of dividing joint property in divorce cases under Law Number 1 of 1974 on Marriage. The main issue arises when assets such as houses or vehicles must be divided equally between spouses, which often proves difficult in practice. Using the normative legal research method based on literature review, this study emphasizes the importance of mutual agreement between the husband and wife as mandated by Article 36 of the Marriage Law. Joint property is defined as assets acquired during marriage, regardless of whose name they are registered under. To ensure clear ownership boundaries, a prenuptial or marital agreement is considered an essential legal instrument to limit or exclude the existence of joint property. Such agreements allow each party to maintain separate ownership of their assets, thereby preventing disputes and facilitating a fair and transparent division if a divorce occurs.

Copyrights © 2025






Journal Info

Abbrev

julia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free ...