PEMBAGIAN HARTA BERSAMA SETELAH PERCERAIAN DI KECAMATAN RENGAT KABUPATEN INDRAGIRI HULU (Studi Kasus Terhadap Putusan Pengadilan Agama Rengat Nomor : 062/Pdt.G/2009/PA Rengat)
ABSTRACT: Joint property is
marital property acquired during marriage by both husband and wife, who are in
the power of the husband and wife together, so that use should be made with the
consent ofboth parties (unless provided otherwise in the marriage covenant).
Joint property is set in the Compilation of Islamic Law Article 97 which
states: "widow or widower who divorced each entitled to half of the joint
property to the extent not otherwise stipulated in the marriage covenant".
One of the underlying case verdict of joint property with Article 97
Compilation of Islamic Law is Case Number:062/Pdt.G/2009/PA. The principal
issues in this research, namely: How does the setting on the Division of joint property
after Divorce according Compilation of Islamic Law? and How consideration of
the judges on the basis of the division
of joint property after divorce in Decision Case Number: 062 / Pdt.G/2009/PA.RGT?
This research views of the kind, the data used, and based on the core issues in
this research,including normative legal research or legal research literature,
the research done by using secondarydata in the form of a copy of the decision
on Case Number: 062 / Pdt.G / 2009 / PA .RGT as themain data research and other
secondary data. This is a descriptive research that illustrates clearly and in
detail about the legal reasoning of judges and application of the rules of
joint property inCase Number: 062 / Pdt.G / 2009 / PA.RGT. In this case of the
partnership has been happening since the beginning of the marriage bothparties.
The case of all the property of the partnership between the defendant and the
plaintiff'sentire property. Because of this partnership is not limited in
accordance with the discussion shirkah mufawadhah. Partnerships have property
that can be used by a husband and wife to finance their daily lives and their
children. The husband and wife as a whole with their children.Judge basic
considerations in deciding civil cases Number: 062 / PDT.G / 2009 / PA.RGTnot
meet the principle of legal certainty, because in this case the judges accept
the testimony ofplaintiff's brother. In evidence presented to the witness if the
witness testified the knowledge of a property, then the witness should not have
blood ties with one of the litigants, which is related by blood, by marriage or
family member of one of the parties in a straight descent in accordance withArticle
145 Paragraph 1e (a) HIR and Article 172 Paragraph 1 Rbg.
Penulis: Fendra Yuli
Hardiyanto
Kode Jurnal: jphukumdd151322
