Private Law
Vol. 2 No. 2 (2022): Private Law Universitas Mataram

Tinjauan Yuridis Pembagian Harta Perkawinan Menurut Hukum Islam Dan Hukum Perdata : Studi Kasus Putusan Nomor; 0752/Pdt.G/2015/PA.JB

Novitaningsih Dwi Trisnawati (Unknown)
M. Yazid Fathoni (Dosen Fakultas Hukum Universitas Mataram)



Article Info

Publish Date
08 Jun 2022

Abstract

This study aimed to find out the marriage wealth distribution based on Islamic law and Civil law in verdict number 0752/Pdt.G/2015/PA.JB. The research used a normative research method with the law, conceptual, and case approaches. The research results of the judge's decision decided that the plaintiff's lawsuit was partially granted by stating that the plot of land and the building that became the object of the lawsuit was the defendant's innate property while the cost of renovating the house was the plaintiff's innate property. The object of dispute in this lawsuit was not Joint Property (Gono-Gini) because of Article 35 of Law Number 1 of 1974 jo, Article 1 letter (f) Compilation of Islamic Law, which meant the joint property was wealth obtained from husband and wife during their marriage bond. The distribution of marital wealth could be determined otherwise if both parties had a marriage agreement, either before or after the marriage took place. The marriage agreement was made in writing and ratified by the marriage registrar or notary. This marriage agreement applied as law for those who created it and also applied to third parties as long as they were involved.

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Journal Info

Abbrev

privatelaw

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Private Law merupakan Jurnal Fakultas Hukum Universitas Mataram yang pertama kali terbit di tahun 2021. Private Law menerbitkan artikel dari jurnal Mahasiswa S1 khususnya bidang Hukum Perdata. diharapkan kedepannya private law dapat ikut meningkatkan kualitas jurnal ke arah nasional maupun ...