PEMBAGIAN HARTA BERSAMA DALAM HAL PUTUSNYA PERKAWINAN KARENA PERCERAIAN (Suatu Studi di Pengadilan Agama Kendari)

Abstract

This study aims to find out and understand how joint assets are divided in the event of a marriage breaking up due to divorce and to find out and understand the factors that cause the division of joint assets in the event of a marriage breaking up due to divorce. This study was conducted at the Kendari Religious Court by conducting direct interviews with judges and obtaining data sources from literature books, scientific writings, documents or writings of experts and various laws and regulations related to the material or content of the problem. The data obtained were then processed and analyzed descriptively qualitatively. The results obtained from this study include: 1) The division of joint assets (gono gini) is carried out on the basis of Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, so that assets obtained from either the husband or wife become joint rights as long as it is not specified otherwise in the marriage agreement and if the marriage breaks up, each is entitled to ½ (half) of the assets, because during the marriage there were joint assets, so the Judge here makes a decision regarding the amount of each portion. The court determined the division of the joint property as ½ (half) for the plaintiff and ½ (half) for the defendant. 2) The factors that cause the division of joint property in the event of a marriage ending due to divorce are the factor of the marriage ending and the factor of justice. Therefore, joint property must be divided equally between the husband and wife who have terminated the marriage relationship. This is to fulfill the sense of justice and the provisions of the law where in the husband's property there are the wife's rights and vice versa in the wife's property there are the husband's rights because legally the husband and wife are bound by marriage law.