scholarly journals PEMBAGIAN HARTA BERSAMA DITINJAU DARI BESARAN KONTRIBUSI SUAMI ISTRI DALAM PERKAWINAN

2018 ◽  
Vol 11 (1) ◽  
pp. 41
Author(s):  
Muhamad Beni Kurniawan
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Court Decision ◽  
Fair Share ◽  
Double Burden ◽  
Marital Property ◽  
Joint Property ◽  
Taking Care

ABSTRAKPembagian harta bersama diatur dalam Pasal 97 Kompilasi Hukum Islam, di mana janda maupun duda berhak separuh dari harta bersama. Pembagian tersebut adil apabila suami dan istri memberikan besaran kontribusi yang sama selama perkawinan. Tidak sedikit dalam rumah tangga, salah satu pihak tidak melaksanakan kewajibannya, seperti suami tidak memberikan nafkah maupun istri yang tidak mengurus rumah tangga. Rumusan masalah yang muncul adalah bagaimana pembagian harta bersama berdasarkan kontribusi suami istri dalam perkawinan dari perspektif keadilan. Metode penelitian yang digunakan adalah yuridis normatif dengan mengkaji peraturan perundang-undangan yang berkaitan dengan harta bersama dan studi kasus terhadap Putusan Nomor 618/PDT.G/2012/PA.BKT. Hasil penelitian menunjukkan bahwa pembagian harta bersama berdasarkan kontribusi suami istri dalam perkawinan dari perspektif keadilan adalah pembagian harta bersama dengan menilai besaran kontribusi para pihak, di mana pembagian yang adil tidak harus dibagi 50 persen bagi duda dan 50 persen bagi istri. Akan tetapi duda bisa mendapatkan bagian yang lebih kecil dari janda apabila kontribusinya kurang selama perkawinan dan tidak menjalankan kewajibannya sebagai pencari nafkah. Janda bisa mendapatkan bagian yang lebih besar dari duda, jika ia mendapatkan beban ganda (double burden) sebagai pencari nafkah dan mengurus rumah tangga.Kata kunci: harta bersama, kontribusi, keadilan.ABSTRACTDistribution of assets is set out in Article 97 of Islamic Law Compilation, in which a widow or widower is entitled to get half of their marital property. The distribution is fair when each spouse give the same amount of contribution during the course of marriage. Not least in the household, one party does not carry out the obligations, such as the husband who does not provide a living, nor the wife who does not take care of the household. The formulation of the problem is how equitable the distribution of matrimonial property based on the acquirement of the spouse during their course of marriage from the perspective of justice. This analysis uses normative juridical research method by studying the legislation related to the issue of matrimonial property and examining Court Decision Number 618/ PDT.G/2012/PA.BKT. The results resolve that from the perspective of justice, the distribution of this joint property measured from both spouses’ contribution in marriage is that a fair share does not necessarily have to be half split of 50 percent for the widower and half rest for the widowed wife. However, a widower could earn a smaller share of the widow if his acquirement is less during the course of marriage, and fail to fulfill his obligation to earn a living. A widow can get a greater share of a widower, if she gets a double burden of earning a living and taking care of the household.Keywords: matrimonial property, contribution, justice.

scholarly journals Akibat Hukum Perceraian Terhadap Harta Benda Perkawinan

2019 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Sugih Ayu Pratitis
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Applicable Law ◽  
Personal Property ◽  
Personal Rights ◽  
Marital Property ◽  
Shared Property ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

<p>The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.</p>

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

scholarly journals Analisis Yuridis Perilaku Lesbian dari Seorang Isteri sebagai Alasan Perceraian

2019 ◽  
Vol 2 (2) ◽  
pp. 382-398
Author(s):  
Lita Mardani Siregar
Keyword(s):  
Child Custody ◽  
Government Regulation ◽  
Islamic Law ◽  
Customary Law ◽  
Sexual Disorders ◽  
Human Actions ◽  
Divorce Law ◽  
Legal Effect ◽  
Marital Property ◽  
Joint Property

One of the principles in national marriage law that is in line with religious teachings is to make divorce difficult (divorce), because divorce means the failure of the purpose of marriage to form a happy and eternal family due to human actions. The problem in this reshearch is how is the regulation of the implementation of divorce in the Religious Court, what is the effect of the divorce law on the grounds of lesbian behavior of a wife, how is the consideration of the judge in the Ambon Religious Court decisionNumber 110 / Pdt.G / 2016 / PA Ab. As a result of divorce law on the grounds that the lesbian behavior of a wife is related to child custody. The legal effect on marital property is that joint property is divided according to the provisions of the respective laws, laws, religion and customary law, while the inheritance remains controlled by each of the wives and divorced husbands. With regard to debt due to termination of marriage due to divorce borne by both parties with conditions that must be met where the rights and obligations of husband and wife are balanced in their authority to carry out legal actions. Judge's consideration in the decision of the Ambon Religious Court Number 110 / Pdt.G / 2016 / PA Ab in the case of sexual disorders (lesbians) immediately considers that this is in accordance with the provisions in Article 39 paragraph 2 of Law Number 1 of 1974 along with the explanation in letter e and letter f juncto Article 19 letter f Government Regulation Number 9 of 1975, Article 116 letter e and letter f Inpres No. 1 of 1991 concerning the Compilation of Islamic Law (KHI).

CONSIDERATION OF PANEL OF JUDGES IN THE CASE OF JOINT PROPERTY AGREEMENT TOWARDS POLYGAMOUS MARRIAGE INRELIGIOUS COURT OF CIBINONG CLASS 1B

2018 ◽  
Vol 4 (1) ◽  
pp. 37-45
Author(s):  
Gina Yunita
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Islamic Law ◽  
Legal Certainty ◽  
Sociological Approach ◽  
Polygamous Marriage ◽  
Legal Uncertainty ◽  
Article 5 ◽  
Joint Property

A man who has more than one wife is called polygamy. A polygamy often creates legal uncertainty about joint property. The purpose of writing this thesis is to analyze the legal certainty of joint property in polygamous marriage. The research method which used in this paper is Juridical Research Methods with Sociological Approach (Empirical). Authority of the Cibinong Religious Court in examining the case of the joint treasure agreement in polygamous marriage, the Muslim husband who wishes to have more than one wife is required to apply for polygamy permission to the Religious Court under the conditions as set forth in Article 4 and Article 5 of Law Number 1 Year 1974 about Marriage. Regarding the petition for polygamy permit, it is combined with a joint property appointment request which filed by a spouse or husband who files a joint property agreement reconvention. A married husband of more than one person is governed in Article 94 of the Compilation of Islamic Law and the separation of joint property separated in the mediation room, this agreement is made or before or at the time of marriage takes place, which then authorized by religious affairs office (KUA) for Muslims and may be signed before the notary. The consideration of the Panel of Judges about the joint property agreement in polygamous marriage is seen only through evidence at that time which causing injustice to the first wife since there is no explicit law  that regulates t the distribution of joint property in polygamous marriage. Therefore, we need protection of law which is preventive and repressive

scholarly journals Joint Property Distribution upon Divorce Reviewed From the Contribution of Husband and Wife in the Household

2021 ◽  
Vol 3 (1) ◽  
pp. 1-20
Author(s):  
Eka Ristianawati
Keyword(s):  
Islamic Law ◽  
Civil Code ◽  
Dual Role ◽  
Fair Share ◽  
Property Distribution ◽  
Descriptive Research ◽  
The Family ◽  
Approach Method ◽  
Joint Property ◽  
Husband And Wife

Joint property distribution has been regulated in the Islamic Law Compilation (KHI), namely, Article 97 which explains that a widow or widower is entitled to half of the joint property. The distribution is fair if the husband and wife make the same contribution in the marriage. However, in fact, today we often find that wives are being the backbone of the family while husbands do not earn a living or husbands earn a living for the family, but wives do not take care of the household. If such a situation is found, is the article 97 of KHI still relevant? This paper presents a concept of joint property distribution based on the contribution of husband and wife in marriage which is considered fairer for both of them than what has been stipulated in the KHI and the Civil Code Articles 128-129. The type of research used is descriptive research. This means that research is discussed in the form of an explanation described in words carefully and thoroughly. The approach method used in this research is a normative juridical approach. The results of this study explain that to obtain the justice, judges can act contra legem (against the law) where justice should give a share to everyone based on his services or contributions (Aristotle). The joint property distribution in marriage from a justice perspective is the distribution of joint property by assessing the amount of contribution of the parties. A fair share does not have to be 50% for widowers and 50% for widows. The husband can get a smaller share from the wife if the contribution is less during the marriage and does not carry out his obligation as the breadwinner and the wife can get a larger share from the husband if the wife plays a dual role, and vice versa.Pembagian harta bersama telah diatur dalam Kompilasi Hukum Islam yakni pada pasal 97 dijelaskan bahwa janda atau duda berhak separuh dari harta bersama. Pembagian tersebut adil apabila suami dan istri memberikan kontribusi yang sama dalam perkawinan. Akan tetapi pada faktanya saat ini sering kita temui istri menjadi tulang punggung keluarga sedangkan suami tidak mencari nafkah atau suami mencari nafkah untuk keluarga akan tetapi istri tidak mengurus rumah tangga. Jika ditemukan keadaan seperti itu apakah masih relevan KHI pasal 97 tersebut. Tulisan ini menyajikan sebuah konsep pembagian harta bersama berdasarkan kontribusi suami istri dalam perkawinan yang dinilai lebih adil untuk keduanya daripada apa yang sudah diatur dalam KHI dan KUHPerdata Pasal 128-129. Hasil dari penelitian ini dijelaskan bahwa untuk mendapatkan sebuah keadilan hakim dapat bertindak contra legem (mengenyampingkan undang-undang) dimana keadilan itu seharusnya memberikan bagian kepada setiap orang didasarkan atas jasa-jasanya atau kontribusinya (aristoteles). Pembagian harta bersama dalam perkawinan jika dilihat dari perspektif keadilan adalah pembagian harta bersama dengan menilai besaran konstribusi para pihak. Dimana pembagian yang adil tidak harus 50 % untuk duda dan 50% untuk janda. suami bisa mendapatkan bagian yang lebih kecil dari istri apabila kontribusinya kurang selama perkawinan dan tidak menjalankan kewaibannya sebagai pencari nafkah dan istri bisa mendapatkan bagian yang lebih besar dari suami jika istri berperan ganda, begitu uga sebaliknya. 

Analisis Pemberian Wasiat Wajibah terhadap Ahli Waris Beda Agama Pasca Putusan Mahkamah Agung Nomor 331 K/Ag/2018

2019 ◽  
Vol 1 (2) ◽  
pp. 172
Author(s):  
Alip Pamungkas Raharjo ◽  
Elok Fauzia Dwi Putri
Keyword(s):  
Supreme Court ◽  
Research Method ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Conceptual Approach ◽  
The Supreme Court ◽  
Before And After ◽  
The Republic ◽  
A Share

In Article 171 letter (c) Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning Compilation of Islamic Law affirms that the rights of non muslim heirs to the inheritance of Islamic heirs do not obtain inheritance from the inheritor's inheritance. However, in its development because it felt unfair, the Supreme Court through The Supreme Court Decision Number 368.K / AG / 1995 provided a way for joint cooperation of different inheritance through a wasiat wajibah. But in its development, this provision was changed again by a landmark decision from the Supreme Court, namely through the Decision of the Supreme Court Number 331 K / AG / 2018 because there was a change in the value of justice in the community. The research method used normative research with constitutional approach, conceptual approach and case approach. This study aims to explain the rights of non muslim heirs to the inheritance of Islamic heirs before and after the Decision of the Supreme Court Number 331 K / AG / 2018. The results showed that prior to the Supreme Court Decision Number 331 K / AG / 2018, heirs of non muslim religions were given a share of inheritance in the form of a wasiat wajibah for ¾ of the inheritance inheritance. Post the Decision of the Supreme Court Number 331 K / AG / 2018, the amount of wasiat wajibah will change to ¼ from the inheritor's inheritance. 

scholarly journals MARRIAGE AGREEMENT FOR THE JOINT ASSETS IN MIXED COUPLE MARRIAGE ACCORDING IN INDONESIA BOOK OF CIVIL LAW NUMBER 1 OF 1974 POST DECISION OF THE COURT OF CONSTITUTION NUMBER 69/PUU-XIII/2015

2021 ◽  
Vol 9 (1) ◽  
pp. 290-301
Author(s):  
Titik Triwulan Tutik
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Court Decision ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Mixed Marriage ◽  
Equal Rights ◽  
The Status ◽  
Joint Property ◽  
Husband And Wife

This study aims to analyze the position of the Marriage Agreement for Joint Treasures in Mixed Marriage from three sides of the law, namely Civil Law, Law Number 1 of 1974, and Constitutional Court Decree Number 69/PUU-XIII/2015. Hypothesis: Decision of the Constitutional Court Number 69/PUU-XIII/2015 in line with Islamic law that prioritizes equal rights and obligations between husband and wife in terms of ownership of assets in marriage. The method: used is normative (dogmatic) legal research, which is intended to find and formulate legal arguments, through analysis of the subject matter. While the approach used in this study there are 4 (four) types, namely: the statutory approach, comparative approach, conceptual approach, and case approach. The results: of the study show that the Constitutional Court Decision Number 69/PUU-XIII/2015 has provided a practical solution in overcoming the problems of a Marriage Agreement on Joint Assets: First, a marriage agreement can be made before, during and after the marriage is implemented. Second, ratification of a marriage agreement may be by a notary public, and effective from the date of the marriage agreement, and may be revoked. Third, marriage agreements are binding on third parties, especially related to the position of joint property in the marriage. This means that, Indonesian citizens have the right to joint property in a mixed marriage as long as the marriage agreement states that. The ruling is in line with Islamic law that prioritizes equal rights and obligations between husband and wife in terms of ownership of assets in a marriage. Conclusion: The legal consequences of the Constitutional Court Decision Number 69/PUU-XIII/2015 on the status of joint property made a marriage agreement after marriage which began since the marriage took place followed by the status of shared property becomes separate if both parties wish in the agreement, as well as assets to be obtained in the future remain the property of each party, without having to obtain a court decision regarding the separation of assets. This ruling is in accordance with Islamic law which prioritizes equal rights and obligations between husband and wife in terms of ownership of assets in marriage.

scholarly journals The Concept of Joint Property Ownership of Husband and Wife

2022 ◽  
Vol 4 (1) ◽  
pp. 15-19
Author(s):  
Musfira Musfira ◽  
Syahrizal Abbas ◽  
Khairani Khairani ◽  
Wahyu Khafidah
Keyword(s):  
Data Analysis ◽  
Research Method ◽  
Islamic Law ◽  
Literature Study ◽  
Legal Research ◽  
Property Ownership ◽  
Shared Property ◽  
Joint Property ◽  
Husband And Wife ◽  
A Share

Specifically, this study is the concept of joint property ownership of husband and wife. The focus of this study is important because, in the Marriage and Islamic Law Compilations, The property obtained in marriage becomes the joint property.So that, when a divorce or death occurs, each person gets half a share, in the regulation, there is no question about who produced it. In the reality of life in society, many wives work to earn a living, so it was interesting to study the different proportions in the distribution of property, in the event of a divorce. The problem of this research was how the concept of the joint property rights of husband and wife. In answering these problems, this research was carried out using the Socio-Legal Research method, by looking at the reality on the ground, to interpret joint property in changing situations. The technique of collecting data was through literature study, while the data analysis was qualitative. The findings of the study indicated that the practice of sharing assets with judges tends to use normative construction. Each of them got half a share and this was seen as an injustice, both through regulation and reconstruction of thinking in the distribution of the shared assets. Keywords: concept, ownership, shared property, marriage, law.

scholarly journals Pembagian Harta Tak Bergerak Akibat Perceraian Berdasarkan Putusan Nomor 149/Pdt.G/2017/Pn Tabanan

2021 ◽  
Vol 2 (3) ◽  
pp. 590-596
Author(s):  
Anak Agung Istri Altia Dwi Widaswari ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Equitable Distribution ◽  
Secondary Sources ◽  
Marital Property ◽  
The Law ◽  
Materials Used ◽  
Joint Property ◽  
Husband And Wife

The law of husband and wife wealth due to divorce is joint property and must be divided by 50% for husband and wife. equitable distribution of shared assets, a dispute will arise between the two. If the joint property is in the form of immovable objects, the parties maintain their share rights without anyone intending to relinquish their rights to be sold to other parties, how to resolve it. The purposes of this study are to describe the distribution of property in the form of immovable objects after divorce in the absence of a marriage agreement and the judge's considerations in determining the distribution of marital property on immovable objects between husband and wife after divorce in the absence of a marriage agreement. The research method used is normative legal research with a statutory approach. Researchers obtain the required legal materials through recording and documentation studies. The sources of legal materials used are primary and secondary sources of legal materials. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the distribution of assets after divorce in the absence of a marriage agreement can be done through mediation or through the courts. Regarding the distribution of assets in the decision Number 149/Pdt.G/2017, it is in accordance with the evidence, facts at trial. The author suggests judges to be more careful in deciding cases. for the legislature must continue to revise the law in order to follow the development of society.

PEMBAGIAN HARTA BERSAMA DITINJAU DARI ASAS KEPASTIAN HUKUM (Studi Putusan Mahkamah Agung Nomor 266K/AG/2010)

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Darmi Wati
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Certainty ◽  
The Supreme Court ◽  
Joint Property

Shared assets are abattoir items obtained during marriage. If the divorce of the joint property is divided in two, except for the marriage agreement. This is regulated in Article 97 Compilation of Islamic Law as a basis for legal certainty. But the fact is that the sharing of the collective shares is not in accordance with Article 97 Compilation of Islamic Law, namely the division is not divided in two as occurred in the Supreme Court decision Number 266K / AG / 2010, namely the Plaintiff / Cassation Respondent ex-husband gets ¼ (one quarter). This is the object of the author's research by reviewing the principles of legal certainty. Keywords : Sharing of Joint Assets, Principle of Legal Certainty

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