PENYELESAIAN PERKARA HARTA BERSAMA SETELAH TERJADINYA CERAI TALAK DALAM PERKARA

Abstract

Joint assets after divorce can be divided in accordance with Article 97 of the Compilation of Islamic Law which states that a divorced widow or widower is each entitled to one-half of the joint property as long as it is not specified otherwise in the marriage. Decision Case Number 437/Pdt.G/2020/PA.Bkt the husband sued the wife for the distribution of joint assets after the court's decision regarding the divorce divorce was issued, against the lawsuit the wife also filed a counterclaim. The objectives of the study (1) are to determine the assets that are being sued by the plaintiffs of the convention and convention as joint assets, (2) to determine the judge's considerations in determining joint assets, (3) to determine the judge's considerations in dividing joint assets. Normative Juridical Research Methods. The results of the study (1) The plaintiffs of the convention sued the joint property which was under the wife's control while the plaintiffs of the convention sued the joint property which was not included by the plaintiff of the convention in their lawsuit (2) In determining the object of the case which was joint property the judge considered the evidence submitted by the plaintiffs. parties, local examinations and also based on applicable legal regulations (3) The proceeds from the sale of a car by the husband must be given half to the wife and the object of the case which cannot be shared in kind will be auctioned through the State Auction Office.