Proceedings of the 5th International Graduate Conference in Islam and Interdisciplinary Studies, IGCIIS 2022, 19-20 October 2022, Mataram, Lombok, Indonesia

Research Article

Settlement of Collective Property Disputes After Divorce in Positive Law

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  • @INPROCEEDINGS{10.4108/eai.19-10-2022.2329027,
        author={Elfirda Ade Putri and Gede Aditya Pratama and Rona Apriana Fajarwati},
        title={Settlement of Collective Property Disputes After Divorce in Positive Law },
        proceedings={Proceedings of the 5th International Graduate Conference in Islam and Interdisciplinary Studies, IGCIIS 2022, 19-20 October 2022, Mataram, Lombok, Indonesia},
        publisher={EAI},
        proceedings_a={IGCIIS},
        year={2023},
        month={5},
        keywords={distant treasure all farewell},
        doi={10.4108/eai.19-10-2022.2329027}
    }
    
  • Elfirda Ade Putri
    Gede Aditya Pratama
    Rona Apriana Fajarwati
    Year: 2023
    Settlement of Collective Property Disputes After Divorce in Positive Law
    IGCIIS
    EAI
    DOI: 10.4108/eai.19-10-2022.2329027
Elfirda Ade Putri1,*, Gede Aditya Pratama1, Rona Apriana Fajarwati2
  • 1: Bhayangkara Jakarta Raya University, Indonesia
  • 2: Syarif Hidayatullah State Islamic University Jakarta, Indonesia
*Contact email: elfirdade.putri@gmail.com

Abstract

The role of marital assets, which are divided by the cause of divorce, joint assets or assets obtained from grants, inheritance, and other sources during the marriage, and the role of filing a lawsuit for marital assets, will emerge in divorce life if the husband and wife have productive assets, the husband and wife work together, and the wife's restrictions are more significant than her husband's restrictions. Issues that arise include a new debate concerning their joint property and those related to divorce. The KHI divides the joint assets equally, with half going to the husband and half to the wife. Law Number 1 of 1974 does not specify the amount of each component.