PEMBAGIAN HARTA BERSAMA BERDASARKAN KONTRIBUSI KOHEREN DENGAN PRINSIP HUKUM PERKAWINAN

Abstract

Community property is a sacred issue in divorce and is frequently contested in both civil and religious courts. This is because the lack of a prenuptial agreement leads to many joint property issues, making it difficult to divide marital or joint property because there is no separation of authority over the husband's and wife's personal property. In the absence of a prenuptial agreement, the male and female widows will split the joint property equally (½). But according to some jurisprudence, the female widow receives two-thirds of the property, while the male widow receives one-third. Because marital wealth predominates, few people also support the allocation of property based on contributions. A ½ share for both parties is preferred by many, who also believe that the division of joint property is unfair because it is based on contributions made during the marriage. In actuality, the Civil Code, the Compilation of Islamic Law, and Law Number 1 of 1974 concerning marriage already regulate the partition of property. Understanding and analyzing the distribution of joint property based on contributions in accordance with marriage law principles is the author's goal in creating this scholarly paper. Normative legal research is the type of research that the author uses. While this research is consistent with a certain decision, the author's choice is one that has been established as jurisprudence, yet it goes against Indonesia's positive legislation, specifically HIR and KHI. Based on a number of comparable rulings, the research's findings paint a clear picture of legal certainty in the partition of joint property.