Analisis Pengembalian Harta Milik Pribadi Setelah Terjadinya Perceraian (Studi Putusan Nomor 87/Pdt/2017/PT.Dps Dan Putusan Mahkamah Agung Nomor 1470 K/Pdt/2018)

Abstract

In a valid marriage, legal consequences arise, one of which is the emergence of property within the marriage. Joint property is regulated in Article 35 paragraph (1) of Law No. 1 of 1974 on Marriage, which states that "property acquired during the marriage becomes joint property." Based on this article, the formal understanding of joint property refers to assets acquired by the husband and wife during the marriage. This study examines how the regulation of husband and wife property works after divorce, how control over personal property is handled after divorce, and the legal consequences when one party believes there is joint ownership of personal property acquired during the marriage, as reflected in Decision No. 87/Pdt/2017/PT.Dps and Supreme Court Decision No. 1470K/Pdt/2018. This study uses a normative legal research method with a descriptive-analytical approach. The data sources consist of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection is conducted through library research and documentary study. The data analysis technique employed is qualitative analysis, and the conclusion is drawn using a deductive method. Property that is brought into the marriage by either spouse, and that property remains separate after the divorce, should not be mixed with joint property to avoid conflicts during the divorce. It is advisable to establish a marriage agreement in anticipation of a divorce to prevent future disputes. The husband and wife enter into a marriage bond, which is a sacred and noble connection. Consequently. both parties acquire rights and obligations as per the applicable law. Control over personal property after divorce remains with the respective spouses, and each party has the right to act freely on their personal property without the consent of the other party. In contrast, joint property requires mutual agreement between the husband and wife in any legal action involving the property. If one party does not agree, the other party cannot proceed with any legal action over joint property. If divorce occurs and no prenuptial agreement has been made, disputes over the control of personal property may arise, leading to difficulties in proving ownership.