Pembagian Harta Bersama Pascaperceraian Menurut Peraturan Perundang-undangan di Indonesia

Abstract

The division of mutual assets after divorce is one of the legal consequences that occur after divorce. The joint property itself must be divided fairly between the former wife and the former husband. The percentage of joint property itself is regulated in Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) in Article 97 which states that the division of joint property is equal, namely one-half (½) for the husband and one-half (½) for the wife. However, after this Presidential Instruction is no longer included in the hierarchy, many judges' decisions do not divide one-half (½) due to certain factors that make it fair that it does not have to be half or ½. So, with the description above, the author wants to explain the division of mutuan assets after divorce according to the legislation. The purpose of this writing itself is to find out the division of joint property after the divorce. This research is a type of library research using a statute approach. The results of the author's research and analysis show that it is true that the division of joint property is half or ½ part for the former husband and former wife, as long as no other rules are determined. However, judges themselves have an obligation to uphold the truth and a sense of justice in people's lives as stated in Article 28 of Law No. 4 of 2004 concerning judicial power. Thus, the division of joint property is not always divided equally between husband and wife. The division of joint property should be done fairly so that it will not cause injustice between which one is the husband's right and which one is the wife's right.

Keywords: Mutual Assets, Post-Divorce