KAJIAN HUKUM PEMBAGIAN HARTA BERSAMA DI PENGADILAN AGAMA KABUPATEN NGANJUK (Studi Perkara Nomor 338/Pdt.G/2008/PA.NGJ)
Journal Title: Diversi Jurnal Hukum - Year 2015, Vol 1, Issue 2
Abstract
Research on the division of property with due to divorce this studied from the implementation of the division of property together in practice in the religious court Nganjuk the case number of 338 / pdt.g / 2008 / PA.NGJ, with an applicant Abdussalam bin Kohar VS Nur Hayati binti Abu Bakar Abdussalam as termohon which in recompense filed a lawsuit recompense to an applicant about the division of property with (gono-gini) obtained during the marriage, a living period and this idah and mut‟ah .Formulation trouble is: 1. How to study law the division of property together in the religious court Nganjuk in matter number 338 / pdt.G /2008 / PA.NGJ? 2. How the implementation of the / execution the division of property along on matter number 338 / pdt.G / 2008 / PA.NGJ? The kind of research this is research law empirical .The result of this research is: 1. The division of property together in the religious court Nganjuk in matter number number 338 / pdt.G / 2008 / PA. NGJ, done on the basis of the law number 1 of 1974 about the marriages and compilation Islamic law, So the wealth that obtained either from the husband or wife be joint right unless there is otherwise stated in agreement marriage and if marriage drop out, each entitled 1/2 ( half than all the, because during marriage there are the wealth with , so judge here ruling on the size of the parts of each. A court establish the division of property with the half to the plaintiff and half to a defendant. 2. To the execution the division of property along on matter number 338 / pdt.G / 2008 / PA.NGJ, is done on a voluntary basis by the parties because they did not so make an issue of whether judicial decisions religion Nganjuk, because the main objective of they the plaintiff and the defendant is divorced.
Authors and Affiliations
Syaiful Muda’i
Keywords
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