Kedudukan Harta Perkawinan Atas Nama Istri di Indonesia (Studi Putusan Pengadilan Negeri Jakarta Barat NO. 330/PDT.G/2012/PN. JKT BAR)

Abstract

Sharing of marital assets is very important to be resolved by both parties for mutual good. Article 35 of Law No. I of 19 74 concerning Marriage states that marital asset is the assets acquired during marriage as shared assets and assets each husband and wife and property obtained by each as a gift or inheritance is under the control of each as long as the parties do not determine otherwise . The regulation that is discussed in the research is the position of marital assets in the name of the wife according to the Legislation, the sharing of joint assets according to the ruling of the West Jakarta District Court No. 330/Pdt .G/2012/PN.JKT Bar and the judge's legal considerations in the decision of the West Jakarta District Court No. 330/Pdt.G/2012/PN.JKT Bar. The research uses a normative juridical obtained from library materials. This is an analytical descriptive research, namely to obtain a detailed and systematic description of the problem under study. The data are collected through library research with data collection tools using library research and interviews. The research employs a qualitative data analysis. Based on the research results, it can be concluded that assets obtained during the marriage period becomes shared assets, as long as the item is purchased in a marriage bond, the properties become shared-assets jurisdiction,· regardless of who buys it, under whose name it is registered and where it is locat ed. In the Ruling No. 330/Pdt.G/2012/PN.JKT BAR, due to the sharing of shared-assets is not regulated in the Marriage Law or in its implementing regulations , the panel of judges refers to regulation of the Civil Code Article 128 paragraph (1) "after the dissolution of the union, the joint asset is divided in half between husband and wife, or between their respective heirs, regardless of who the asset is obtained from." Legal consideration of the Judge in the Ruling No. 330/Pdt .G/2012/PN.JKT BAR that the Plaintiff has been able to prove that the object of the dispute is the shared-assets of the Plaintiff and the Defendant, as long as there is no marriage agreement regarding the shared-assets, all assets acquired during the marriage period are shared-assets.