Tinjauan Yuridis Pembagian Harta Perkawinan Menurut Perspektif Hukum Islam dan Hukum Perdata

Nugroho, Marcellino Suryo Adi and , Mutimatun Niami, S.H., M.Hum. (2018) Tinjauan Yuridis Pembagian Harta Perkawinan Menurut Perspektif Hukum Islam dan Hukum Perdata. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The purpose of this research is to know how to solve the dispute of common property when viewed from Islamic legal system and civil law system and to know the way how execution can be done or not to property gono-gini or marriage property due to the divorce. The method of this research approach is normative approach method. Methods of data collection through literature study. The result of the research shows that the division of joint property in marriage in terms of Islamic law and civil law, the first equation when filing a joint property lawsuit from the Religious Court and the District Court, that the division of joint property in marriage is done after the decision of divorce. Differences in the distribution of joint property according to KHI based on Article 97 joint property after divorce is divided equally, each ½ part between husband and wife alike. Meanwhile, according to KUHPer the division can be done on the evidence submitted by the grantor and the defendant. Second, the basis of the judge's consideration in deciding the case of sharing of joint property according to KHI there are two namely the basis of deliberation and justice. Judge consideration in deciding cases sharing of joint property according to the Criminal Code based on the proof is based on testimony of witnesses and proof of letter. Third, a joint treasure lawsuit between fellow Muslims may be filed in the District Court. Although the person who is Muslim in his / her marriage through the Religious Court has been arranged in the KHI, including in the dispute of the division of joint marital property set forth in Article 88.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	the division of marital property, Islamic and civil law
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	MARCELLINO SURYO ADI NUGROHO
Date Deposited:	18 Oct 2018 04:04
Last Modified:	18 Oct 2018 04:04
URI:	http://eprints.ums.ac.id/id/eprint/67569

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