Tinjauan Yuridis Proses Penyelesaian Perkara Pembagian Harta Bersama Suami Istri Setelah Bercerai (Studi Kasus di Pengadilan Negeri Surakarta)
KeywordsK Law (General)
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AbstractThis study aims to determine the judge's consideration in determining the rights of husband and wife in the distribution of joint property after divorce and to know the law after the division of property together husband and wife. The method of research through normative approach because the studied is the legal aspects in the division of property together husband and wife after divorce and is descriptive that gives an objective picture of a situation about the process of settling the case of divorce property after husband and wife after divorce. Sources and types of data used in this study are primary and secondary data. Library research to obtain secondary data ie primary, secondary and tertiary law sources, while primary data obtained through field study ie interview. Technique of collecting data through literature study and interview, then data analyzed qualitatively. The result of the research indicates that the judges consider the division of joint property (gono-gini) of husband and wife after divorce is first, based on customary law because customary law recognizes the common property called gono-gini treasure therefore sharing the common property, "divided equally into 2 (two) equal parts, namely ½ (half) part for husband and ½ (half) part for wife "; second, Islamic law refers to KHI Article 97," The widow or divorced divorce of each life shall be entitled to half of joint property insofar as it is not specified in the marriage agreement "and the third according to civil law by referring to Article 128 of the Civil Code, after the dissolution of common property, their shared wealth is shared between husband and wife, or among their heirs, regardless of which party and origin -that thing. The legal consequences of dividing the common property after the divorce, ie each has the right in accordance with the decision of the judge, so there is no longer relationship between husband and wife.
AL KHAFIT, RIZKI and , Nuswardhani, S.H, S.U (2018) Tinjauan Yuridis Proses Penyelesaian Perkara Pembagian Harta Bersama Suami Istri Setelah Bercerai (Studi Kasus di Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.