Konsep Harta Bersama dan Implementasinya di Pengadilan Agama

Mesraini, Mesraini
Journal article Ahkam Journal of Sharia • January 2012 Indonesia

Abstract

: The Concept of Joint Assets and its Implementation in the Religious Court. Legislation in Indonesia stipulates that any property acquired during marriage becomes joint property of husband and wife, without distinguishing who works and who registered the property. If the marriage come to an ends, either through death or divorce, the property must be divided equally. In general, this study found that a panel of judges in the religious court division decided a case of the distribution of joint property is not outside of the statutory rules. Since no agreement or reconciliation had been made by the husband and wife in dispute about the portion of the division of their property, the judge decided that the joint property be divided in the same amount. However, if there is an agreement between husband and wife, the division of the joint property will be based on that agreement.

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Journal

Ahkam Journal of Sharia

Ahkam: Jurnal Ilmu Syariah (Ahkam Journal of Sharia) is a peer-reviewed journal that publishes or... see more