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All Journal Jurnal Litigasi Amsir
Ismail Candra
Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penerapan Hukum Terkait Pembagian Harta Gono-Gini Akibat Perceraian Ismail Candra; Patahillah Asba; Herman Balla
Jurnal Litigasi Amsir Vol 9 No 3 (2022): Mei
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

This study aims to determine the application of law related to the division of gono gini property after divorce in case decision No. 273/Rev.G/2019/PA. Sidrap. This research uses a normative-empirical type of legal research. The results of the study showed that the application of the law related to the division of gono gini property after divorce in general and based on the judgment of case No. 273/Rev.G/2019/PA. Sidrap in particular, where in the concept of common property there are several binding principles, namely 1. Property acquired during marriage; 2. Not looking at whose side is working, whether it is husband or wife; 3. Do not question on whose behalf the property or goods are; 4. Each party's share of the common property is half of the total property so long as during the marriage both parties carry out their respective obligations; 5. Mixing.property.acquired either by husband.wife.as long as.the marriage is lived into common property (property.syirkah) can be excluded in a marriage agreement (huwelijke voorwaarden).
Co-Authors Herman Balla Patahillah Asba