ANALISIS PERLINDUNGAN HUKUM TERHADAP ISTRI AKIBAT PERCERAIAN DALAM KASUS SENGKETA HARTA BERSAMA ( Studi Kasus Pengadilan Agama Bekasi Nomor 4357/Pdt.G/2021/PA.Bks

Hafiza, Hafizan Taufiqul (2023) ANALISIS PERLINDUNGAN HUKUM TERHADAP ISTRI AKIBAT PERCERAIAN DALAM KASUS SENGKETA HARTA BERSAMA ( Studi Kasus Pengadilan Agama Bekasi Nomor 4357/Pdt.G/2021/PA.Bks. Sarjana (S1) thesis, Universitas Islam "45" Bekasi.

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Abstract

HAFIZAN TAUFIQUL HAFIZ 41182941160003 legal protection of wife as a result of divorce in case of joint property dispute (case study of bekasi religions court decision number 4357/Pdt.G/2021/PA.Bks) ahwal al syakhsyyah islamic university srudy program "45"bekasi.1443 h/2023 M. the results of the study show that the reasons for filing a dispute over the distribution of joint assets in case number 4357/Pdt.G/2021/PA.Bks.whereas before the lawsuit was filed ,the plaintiff had tried so that the problem of sharing joint assets could be resolved amicalby throught medition between the plaintif and the defendant in which he asked for half of the shared assets they had collected duroing the marriage period,but unril the lawsuit was filed the defendent had no intention it is good to solve this problem as a family , seeing the attitude of his ex-wife ,namelythat the defendent does not seem to have the seem to have the itention or good faith to solve the problem in a good way.therefore ,the own to another party by the defendanr ina any from without the permission of the plaintif , so then the plaintif was forced to file a lawsuit over joint assets to the bekasi religious court as a legal remedy taken to obtain his rights over the object of the dispute mention aboved . As for the judge's considerefion regarding the division of joint assers 1/4 fot plaintif and 3/4 for the defendant im case number 4357/Pdt.G /2021/PA.Bks, that the panel of judges was of the opinion that based on the defendant's recognition of the object of the case was obtained whem the plaintif and the defendant were still bound by their marriage, and it has ben proven that the defendant as a civil servant/asn pemprof dki who is more dominant in contributing to buying plots of land or finance the construction of buildings and the rehabilitation stages after that, while the Plaintiff as a husband earns his income as an Auditor Inspectorate General of the Ministry of Home Affairs of the Republic of Indonesia but when had neglected to deliberately neglect his responsibilities in general to the family and specifically to the acquisition of joint assets as a husband against the Defendant as his wife and children, so that the Defendant had a dual role in contributing morally and materially to obtain the joint property in his role not comparable in upholding the household as a husband even though he is still in a marriage bond, then according to Article 35 paragraph (1) of Law No. 1 of 1974 and Article 1 letter (f) of the Compilation of Islamic Law which had been deviated from being applied which had been taken over to become the opinion of the Panel of Judges, the panel of judges agreed based on the Jurisprudence of the Supreme Court of the Republic of Indonesia Number 75 of 85 things. Put. No. 4357/Pdt.G/2021/PA.Bks. 266.K/AG/2010 which states; "the wife gets ¾ of the Joint Assets, the husband gets ¼ of the Joint Assets". Based on the above considerations, the panel of judges sentenced the Defendant to hand over to the Plaintiff 1.25 part of the object price of the case object and ordered the Defendant to hand over to the Plaintiff ¼ (one quarter) of the object price value of the case item 1. Keywords: divorce, joint property, lawsuit.

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