IMPLIKASI HUKUM PEMBAGIAN HARTA BERSAMA SETELAH PERCERAIAN DI INDONESIA

Authors

  • Taufika Hidayati Universitas Sumatera Utara

DOI:

https://doi.org/10.55751/jfhu.v1i2.102

Keywords:

Pembagian, Harta bersama, Perceraian, Implikasi, Hukum

Abstract

The division of joint property has become one of the main issues that often triggers conflict between divorcing parties. This research highlights the legal aspects governing the division of joint property based on Indonesian Marriage Law, as well as the various social impacts that arise for individuals, families, and the wider community. Through a normative legal method, this research shows that legal uncertainty and gender injustice remain major challenges in the process of dividing joint property. Through this research, it is hoped to add perspective on legal certainty in the division of joint property in divorce and the importance of awareness for couples that both husband and wife have equal rights to the property acquired during the marriage, unless there are arrangements regarding a prenuptial agreement. Each party has equal rights in the acquisition of assets, but must consider the existence of this matter, namely the custody and support of underage children, which remains the responsibility of the parents.

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Submitted

2024-11-07

Published

2024-11-07