Analisis Yuridis Terhadap Pembagian Harta Warisan Yang Berasal Dari Harta Bersama Pada Perkawinan Keempat Terhadap Perkawinan Sebelumnya (Studi Putusan Nomor 118/Pdt.G/2020/Pa.Jnp)

Abstract

Marriage constitutes a legal and spiritual bond between a man and a woman, intended to establish a happy and enduring family. The dissolution of marriage gives rise to legal consequences, one of which concerns the division of joint marital property and inheritance. This study examines the distribution of inheritance derived from joint marital property in a fourth marriage in relation to prior marriages, as reflected in Decision Number 118/Pdt.G/2020/PA.Jnp. The case involves the late Jabbar Tanro, who during his lifetime entered into four marriages, where the joint marital property from the first marriage was never divided despite the occurrence of divorce. The dispute arose when the fourth wife claimed one-half of the entirety of the decedent’s estate, while the children from the first marriage objected to such claim. The method employed in this thesis is normative juridical research, which refers to the study of legal norms conducted through library research in order to obtain secondary data in the form of primary, secondary, and tertiary legal materials relevant to the issues under examination. This research is descriptive in nature. This study concludes that the separation of joint marital property and the distribution of inheritance within marriage are generally regulated under Law Number 1 of 1974 on Marriage and further elaborated in the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI). In cases of multiple marriages, the joint marital property between the husband and each wife must be calculated separately. In the event of divorce or death, the joint marital property is divided equally: one half for the surviving spouse and the remaining half constitutes part of the inheritance. The mechanism for separating joint marital property in a fourth marriage in relation to prior marriages requires that property acquired during the first marriage be identified and separated in advance, as one-half of such joint property constitutes the legal right of the former wife and does not form part of the decedent’s estate. A juridical analysis of the distribution of inheritance derived from joint marital property in a fourth marriage in relation to previous marriages must therefore be preceded by the separation of joint marital property from each terminated marriage, as stipulated in Article 35 and Article 37 of Law Number 1 of 1974 on Marriage, as well as Article 96 and Article 97 of the Compilation of Islamic Law