Pembagian Harta Bersama yang Tidak Berimbang antara Suami dan Isteri Pasca Perceraian (Studi Putusan Nomor 1910/Pdt.G/2020/PA.Gs)

Abstract

A marriage can end in divorce, and if divorce occurs, it will have legal consequences, one of which is the division of common property acquired during the marriage. One of the divorce cases that raises issues regarding the division of common property is found in Decision Number 1910/Pdt.G/2020/PA.Gs, where the division of common property was ruled to be unequal between the husband and wife. The issues discussed in this study are the division of common property after divorce based on positive law in Indonesia, legal protection for the wife regarding the unequal division of common property associated with the value of justice, and the legal considerations of judges in deciding on the division of common property in Decision No. 1910/Pdt. G/2020/PA.GS. This research is normative juridical legal research with a descriptive analytical nuture. The dulu used are secondary data consisting of primary, secondary, and tertiary legal materials. Data collection techniques and tools are conducted through literature study. Data analysis is carried out uxing qualitative analysis methods. Based on the research findings. it was found that the judge's considerations in deciding the unequal division of common property in Decision No. 1910/Par G/2020/PA.Gs refer to the trial facts, and for the part of the property divided equally, it refers to Article 97 of the Compilation of Islamic Law. The conclusion of this study is that the division of common property after divorce, based on positive law in Indonesia, can be found in Law No. 1 of 1974 concerning Marriage, which is stipulated in Article 37, and the Compilation of Islamic Law, which is stipulated in Chapter XIII. Articles 85-97. Rased on the Compilation of Islamic Law, the division of common property is divided equally, while the provision of Article 37 of Law No. 1 of 1974, the division of common property is regulated according to each party's law. Legal protection for the wife regarding the unequal division of common property ussvelured with the value of justice can be pursued by the wife by placing marital attachment and filing a joint property lawsuit. If the joint property lawsuit in the religious court does not provide justice for the wife, she can appeal to the High Religious Court and ultimately to the Supreme Court. The analysis of the judge's considerations in deciding on the division of common property in Decision No. 1910/Pdt. G/2020/PA.Gs is unequal based on the facts found during the trial. The unequal division includes the Post-Employment Program benefits, while for the four-wheeled vehicle, the Panel of Judges divided the common property equally between the Plaintiff and the Defendant.