The Concept of Joint Property Ownership of Husband and Wife

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.

Pertimbangan Putusan Hakim Perkara Harta Bersama di Pengadilan Agama Tembilahan

This research was motivated by the decision of the Tembilahan Religious Court judges who decided the joint property case in which the judge decided the Plaintiff (husband) got 1/4 while the Defendant (wife) got 3/4 of the shared property. However, Article 97 in the Compilation of Islamic Law states that: "Widows or widowers are each entitled to half of the joint property as long as it is not stipulated otherwise in the marriage agreement." This research is in the form of library research using case No.0233/Pdt.G/2018/PA.Tbh, as the primary reference, while the secondary material in this paper consists of laws and regulations related to the object of the research decision No. 0233/Pdt.G/2018/PA.Tbh as well as books, journals, scientific works related to the object of research. The author's data collection technique uses interview techniques and study documents or library materials. The results of the verdict research are in accordance with the judge in deciding the case based on Legal Certainty (legal certainty) and Legal Justice (legal justice), legal certainty is what has been outlined by the laws and regulations, Compilation of Islamic Law, like this case according to legal certainty then the distribution it is the wife gets 1/2 and the husband also gets 1/2 then if only this which is applied rigidly in the case will reduce the values of justice itself, thus the judge in determining the joint property case uses Legal Justice.

THE ROLE OF RELIGIOUS COURTS IN PROTECTING WOMEN'S RIGHTS IN DISTRIBUTION OF JOINT PROPERTY

This study aims to review the discussion on how the role of the Religious Courts towards the protection of women's rights in the distribution of joint assets in the decision Number 4698/Pdt.G/2019/PA.Tgrs and also how the considerations of the Religious Court Judges based on the Decision Number 4698/Pdt.G/2019 /PA.Tgrs. The research method used is normative juridical with a conceptual approach and a statutory approach. Data analysis uses a qualitative approach. The Religious Courts in protecting women's rights in cases of the distribution of joint property have a role and function to examine, adjudicate and decide on a case applying human rights values with respect for human dignity, non-discrimination, equality before the law, justice, benefit, legal certainty, and ex officio judges provide protection for women, by giving 70% of joint property to women and 30% to men by ignoring the Marriage Law and the Compilation of Islamic Law. Consideration of judges who ignore women's rights and have a patriarchal mindset towards child support. It is the duty of a man to provide for his children, an obligation that is neglected causes a man to be able to collect wealth while a woman to provide a living for children is the cause of not being able to collect wealth. Judges should consider this to create legal justice.

Balinese Muslim Minority Rights in Education and Islamic Family Law

Islam came in peace to Bali in the 14th century, initiated by communities from Java, and followed by those from Bugis, Makassar, Lombok, and even Malays and Arabs. Muslims in Bali are a minority group, which only accounts for 10.08% of the total population of Bali. This study aims to examine the rights of the Balinese Muslim minority in education and Islamic family law. This study is empirical legal research that examines the law in relation to problems in society realistically, or a socio-legal study, using a phenomenological approach. Data collection techniques included interview, observation, and literature review. The respondents interviewed were selected purposively from the Regional Office of the Ministry of Religious Affairs, the Mosque Management, the Provincial Council of Ulema, and the local Muslim community. The findings reveal that the rights of Balinese Muslim minority in terms of education, both formal and informal, are displayed through strengthening the family resilience by building the spirit of Islam, carrying out children’s education in an Islamic way by promoting tolerance, and sending children to Islamiceducational institutions such as Taman Pendidikan Al-Qur' an (TPA), Raudhatul Atfhal (RA), pesantrens, and madrasas. Further, Islamic family law is implemented in matters of marriage, divorce, waqf, child guardianship, and joint property under the simple, fast, and low-cost principles carried out by the Office of Religious Affairs, Religious Counselors, and the Religious Courts in Denpasar. It seems that historical bonding is highly fundamental that allows the Muslims and the Balinese people in general to continue to live in harmony and peace to this day.

Tinjauan Hukum Gugatan Pembatalan Hibah dari Ayah Kepada Anak

This research is a literature study (library research/content analysis) with the type of normative legal research through a statute approach, an Islamic law approach and a case approach. The results of this study conclude that parents may donate assets to their children, grants are made by paying attention to justice between their children. Even though a parent can withdraw the grant, a valid reason and evidence must be had, because the grant cannot be withdrawn immediately, even though the grant is given from the father to his child. In the case discussed in this study, the Panel of Judges decided to reject the grant cancellation lawsuit filed by the father against his children. the absence of the ex-wife's consent to withdraw the grant from the joint property.

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

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.

Efficiency of Property and Forms of Management in Agriculture

Annotation: This article discusses the need to establish different types of ownership in agriculture in a market economy, the content of forms of entrepreneurship and property relations in agriculture, the objective need for the establishment of dehkan farms in the formation of private property in the sector, joint ventures in agriculture. Keywords: property, property reforms, public, private, private, state and mixed property, forms of entrepreneurship, private and private enterprises, joint ventures, dehkan and farm enterprises, joint property, cooperatives (companies), multi-sectoral economy.

Consistency of Law Enforcement Practice in Matters of Deviation from the Principle of Equality of the Spouses’ Shares in Their Common Property

Introduction: the issues of the division of the jointly acquired property of spouses do not lose their relevance. As a general rule, in the absence of an agreement between the spouses, the division is carried out in court based on the legally established presumption of equality of shares, regardless of the method of participation in the formation of joint property. However, this principle is not absolute and the court has the right to deviate from the principle of equality by increasing the share of one of the spouses. Meanwhile, the possibility of increasing the share in the marital property is interpreted ambiguously in law enforcement, and the incorrect interpretation of the norm is revealed. In this regard, the author sets the goal: to summarize the approaches developed by the judicial practice on this issue, to identify and analyze the grounds for deviation from the principle of equality of shares in the division of property of spouses. Results: the reasons for the increase in the marital share are investigated, the problems of determining the criteria are identified, and the inconsistency of court decisions in similar cases when considering the categories “child’s interest” and “spouse’s interest” is established. Conclusions: based on the analysis of the legislation and materials of judicial practice, the problems of applying the grounds for derogating from the equality of the shares of spouses in the division of jointly acquired property and the ambiguity of the law enforcement are highlighted. Based on the results of the work, the author has developed some practical proposals and recommendations for improving the legislation.

Law of Common Ownership in Connection with the Development of the Economy of the Collective Use of Goods and Services

It becomes urgent to resolve the issue of developing the institution of law of common ownership, as well as property law in general, regarding the fact that property law needs reforming that has not yet been implemented, due to the emergence, in the context of digitalization, of the economy of collective use of various goods (sharing, the economy of shared consumption), changes in the culture of consumption and the fact that not in all cases the acquisition of goods on the basis of sole ownership is economically justified. Users’ communities, whose members jointly acquire objects for their collective use, including objects in common ownership, can be considered as one of the forms of sharing. Peculiarities of exercising the right to common ownership in relation to property in the context of a sharing economy make it possible to talk about the possibility of separating an independent type of common property along with shared and joint property (for example, collective common property) or distinguishing a variety of common shared property—by analogy with the right of ownership to the common property of an apartment building. The peculiarities of the implementation of this type of common property can be enshrined in civil legislation.

Hak Isteri terhadap Harta Bersama dalam Perkawinan yang Putus Karena Kematian

Inheritance law is very closely related to the scope of human life, because every huma n being drill definiiely experience a legal event called death related to the problem of how to manage and continue rights and obligations ofa person who dies. This siudy aims to identify a wife's rights io joint property in a marriage that has been broken up due to death. The be of research used is a normative legal research method with a siaiuiory approach. Technique of collecting legal serials uses Documeiiiaiion Studies and Literature Studies. Results of windy show that the wife's right to joint property in a marriage that is broken up due to death, namely the wife has a half right to propert y because the property is obtained from results obtained from cooperation carried out by wife and husband who are already bound in marriage from the beginning of marriage to end. my husband has passed array. The legal remedy that can be taken by the wife is litigation, which is the seiilement of disputes in court and now-litigation, namely the senlement of dispWee outside the conn.