PEMBAGIAN HARTA BENDA BERSAMA AKIBAT PERCERAIAN (Studi Terhadap Putusan Pengadilan Agama Cimahi Nomor : 319/Pdt.G/1994/PA.Cmi)

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TitlePEMBAGIAN HARTA BENDA BERSAMA AKIBAT PERCERAIAN (Studi Terhadap Putusan Pengadilan Agama Cimahi Nomor : 319/Pdt.G/1994/PA.Cmi)
Publication TypeThesis
Year of Publication2015
AuthorsRUSWATI,
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

Community property pursuant to Article 35 paragraph (1) of Law No. 1 of
1974 is the property acquired during marriage become community property,
meaning that property acquired during the grace period between when the
marriage ceremony, until the marriage broke up, both lost due to death of one of
them (divorce dead), or because of divorce (divorced). Thus, property owned at
the time of the marriage has lasted and brought into the marriage outside the
community property is situated. The provision does not specify from where or
from whom such property belongs, so that we may conclude, that are included in
community property are:
a. Results and income husbands.
b. Results and wife income.
c. Results and income from personal property husband and wife even though
property is not substantially included in the joint property, provided all of
which was obtained during the marriage.
But in practice the property acquired during marriage become community
property must be proved that if the property was actually acquired during the
marriage and the property is acquired or purchased is not from personal property
owned by husband or wife. Just as in the case JOINT DISTRIBUTION OF
PROPERTY DUE DIVORCE (Religious Studies Court Decision Against Cimahi
Number: 319/Pdt.G/1994/PA.Cmi).
In the case of the division of joint property because of divorce can not be
divided between the plaintiff and the defendant this is because the property
acquired during marriage are purchased with money from the sale of personal
property acquired by the defendant had a previous husband who caused the
division of joint property can not be divided and the lawsuit was rejected by the
religious court Ciamis.
Court judges in deciding these cases have used the laws in force in its
legal considerations of the Act No. 1 of 1974, Law No. 7 of 1989 and the
compilation of Islamic law, so that the judge's legal rationale for using systematic
laws as a legal basis.

 

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