Transnational Business Law Journal
Vol. 4 No. 2 (2023): TRANSNATIONAL BUSINESS LAW JOURNAL Volume 4, Number 2, August 2023

APPLICATION OF THE PRINCIPLE OF VOLUNTARINESS IN MARITAL PROPERTY DECISIONS

Ani Yumarni (Faculty of Law, Universitas Djuanda)
Sintia Tri Zulfianti (Faculty of Law, Universitas Djuanda)
Dadang Suprijatna (Faculty of Law, Universitas Djuanda)
Hidayat Rumatiga (Faculty of Law, Universitas Djuanda)



Article Info

Publish Date
15 Dec 2023

Abstract

Marital Property Assests or what is usually called ‘gono-gini; harta bersama’ is property acquired or obtained by a husband and wife together while they are in a marriage bond. The concept of shared prices or what is usually called gono-gini property comes from customs that continue to develop and are supported by positive law or Islamic law in Indonesia. Mediation is a peace institution in the Court which brings benefits to the Judges and the parties, there is good faith of the principals (husband and wife) in the process of resolving divorce cases, it is not uncommon for ego attitudes to be more dominantly put forward by each party. Mediation has a voluntary principle, each conflicting party comes to mediation of their own free will and willingness and there is no coercion or pressure from other parties or outside parties. This principle of voluntarism is built on the basis that people will be willing to work together to find a way out of their disputes, if they come to the negotiation place of their own choice.

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Journal Info

Abbrev

transbuslj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

TRANSNATIONAL BUSINESS LAW JOURNAL (TBLJ) is a journal published by the Department Transnational Business law, Faculty of Law Universitas Padjadjaran. TBLJ publishes its articles annually every February and August. The articles published by TBLJ are scientific articles that explain a research result ...