Pembagian harta bersama karena perceraian ditinjau dari kompilasi hukum islam dan Undang – Undang Nomor 1 Tahun 1974 Tentang Perkawinan (studi putusan nomor 429/Pdt.G/2006/PA.Kra)

Oleh :
Hesti Yuni Lestari - - Fak. Hukum

ABSTRAK This research is aimed to find out whether the submission of mutual property allotment always come together with the submission of divorcing claim, to know the law consideration influencing the mutual property allotment, and to know the implementation of mutual property allotment viewed form Islamic Law Compilation and act number 1 of 1974 about marriage. The research is included to doctrinal law study which has prescriptive characteristic that use the kind of secondary data. The secondary data used are primary, secondary, and tertiary law material. The primary law material used is in the form of legislation related to mutual property allotment and Religion Court’s decision. The law legislation used as a base is Islamic Laws Compilation and act number 1 of 1974 about marriage. In this research, the technique of data collection used is library study. The study approach used in this research is legislation approach and case approach. The case approach is used by analyzing a case un which the purpose is to study the implementation of norm or legal convention. The data analysis technique used here is by doing a deductive reasoning that is by implementing the grammatical and systematic interpretation, by drawing a conclusion from the general matters to special matters. From the result of the research, it can be concluded that the claim of mutual property allotment should not always integrated into divorcing claim, in which each of both ways have their own advantage and disadvantage. The judge can consider several legal consideration in the mutual property allotment. Those legal considerations are extravagant characteristic, gambler, drunker, the rope in a family, which part is considered more able in financing their own live after the divorcing and from what the property come from. In the case, the legal consideration influences the mutual property allotment is because the property which is become the lawsuit object is an inherent property and not mutual property. The implementation of mutual property has been done in accordance with the existing legal regulation and it is quite justice for the parties involved.