Baharudin, Hany Fatkhul (2022) Tinjauan Yuridis Pembagian Harta Bersama Akibat Adanya Perceraian (Studi Kasus Pengadilan Agama Ponorogo). Skripsi (S1) thesis, Universitas Muhammadiyah Ponorogo.
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Abstract
Abstract This study aims to find out and analyze empirically the efforts made by someone who has been sued for divorce by her husband to get a fair distribution of joint property from the results of the marriage that has been carried out and to analyze and find out the judge's considerations in providing justice to the defendant in a divorce case in the context of the distribution of joint property. This is certainly a very complex thing to understand because basically in the distribution of joint property or gono gini, it is important to know the concept of justice in order to get the expected decision, especially what happened in the Ponorogo Regency Religious Court. This thesis research is a type of empirical juridical legal research, namely research that includes positive law that focuses on analyzing events in the field which is located in the Ponorogo district. (Jujun S.Suriasumantri, Philosophy of Science, Jakarta, 2009), legal research methods Empirical juridical is a method by prioritizing law as a system of norms based on facts and conditions in the field. The system of norms in question is about principles, norms, rules of statutory regulations, court decisions, agreements and doctrines or teachings. This research is objected to something real that is in the field, especially in the Ponorogo district related to the case of the joint property dispute. Examine more deeply the empirical data and facts in Ponorogo district with the legal basis of the 1945 Constitution of the Republic of Indonesia Article 28B paragraph 1, then Law no. 1 of 1974 concerning Marriage, the Civil Code Article 119, and the Compilation of Islamic Law. Joint assets are assets acquired as long as the marriage takes place from the time the marriage takes place up to Article 35 paragraph (1) of the UUPH. Joint assets arise when the marriage is legal in the eyes of religion and the state where it has become legally joint property between the husband and wife unless there is another agreement in the marriage. agreed upon by both parties. What is done by the plaintiff to obtain justice in obtaining the distribution of joint property or gono-gini assets is to prepare evidence, both letter evidence and witness evidence that can strengthen the arguments related to the problem of joint property. the judge must look at the applicable legal principles, then look at the concept of justice that exists in the context of the distribution of joint property that the concept of justice in handling cases of the distribution of joint property or Gono - Gini assets uses the concept of fairness as seen from the numbers. This means that it must be divided equally without looking at the proceeds of the property, who is the most dominant in getting it. On the other hand, the judge must also look at the criteria of justice, which these criteria have become absolute things in the trial if you look at the context of the law. Furthermore, the judge must look at the conflicts that occurred during the trial and be able to find a fair solution to the problem
| Item Type: | Thesis (Skripsi (S1)) |
|---|---|
| Uncontrolled Keywords: | Harta Waris |
| Subjects: | K Law > KZ Law of Nations |
| Divisions: | Faculty of Laws |
| Depositing User: | fh . userfh |
| Date Deposited: | 09 Sep 2022 06:23 |
| Last Modified: | 09 Sep 2022 06:23 |
| URI: | http://eprints.umpo.ac.id/id/eprint/10059 |
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