Problematika Hukum Harta Perkawinan Setelah Terjadinya Perceraian (Studi Putusan PT No.486/PDT/2021/PT MDN)

Abstract

In every human life, there will be no escape from a legal event starting from birth, marriage, and death. Humans will always interact and live life and continue to develop, one of which is marriage. With marriage, a legal relationship will arise for parents and children and property in marriage. However, a marriage does not always run harmoniously and may end in divorce. The formulation of the problem in this writing is how to regulate marital property according to Indonesian law, the division of marital property in the event of a divorce, legal analysis of the decision of PT No. 486 / PDT / 2021 / PT MDN Research methods used in This research is Study Normative literature (library research ) namely study with method collect secondary data consisting of from material law, primary, secondary and tertiary. In this study, it was also carried out interview with the judge. In a marriage, legal consequences arise in the form of marital property. The regulation of marital property is stipulated in Law Number 1 of 1974, Chapter VII, Articles 35 to 37; in the Civil Code (KUHPerdata) under Article 119; and in the Compilation of Islamic Law under Article 85. When it comes to the division of marital property in the event of a divorce, several determining aspects must be considered before a decision is made. The research findings indicate that although a property may be a gift from a parent, under certain conditions it can be categorized as joint property if there is an agreement or mutual contribution from both parties in its use. This is reflected in the panel of judges’ consideration, which stated that the court of first instance erred in assessing the status of the property.