| dc.description.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. | en_US |
