Proses Penyelesaian Perkara Pembagian Harta Perkawinan Suami Istri Setelah Terjadi Perceraian (Studi Kasus Di Pengadilan Negeri Surakarta)

Satrio, Yudha Kilat and , Nuswardhani, S.H, S.U (2017) Proses Penyelesaian Perkara Pembagian Harta Perkawinan Suami Istri Setelah Terjadi Perceraian (Studi Kasus Di Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The study aims to know the consideration of the judge in determining the division of husband and wife marital property, which has been stated in the marital agreement after they have divorced; and to know the law consequency of the husband and wife marital property division. The study uses normative jurisdictional method. The primary data are taken by interview and the secondary data are taken from primary, secondary, and tertiary law sources. The data collection method is by reference study and field study (observation and interview), then the data are analyzed qualitatively. Based on the consideration of the judge in determining the divison of the husband and wife marital property in the marital agreement after they have divorced according to the Regulation No. 1 of 1974 when the husband and wife property is stated in the marital agreement, then there is ownership of the entire property those are the marital property and the separate property of the husband or the wife; however in the marital agreement the marital property as well as separate property is owned by each of them. Thus, the marital property consists of the mix between the husband and the wife property without any marital agreement. After they have divorced the division of the husband and wife marital property is that the marital property can be divided into two for the both husband and wife; whereas the separate property is owned by each of them. The divorce, which has been decided by the judge in a court and which has fixed legal power, then the marriage is stated as broken, so that there is no more marriage relationship between the husband and wife. Therefore, after the property is divided as the consideration of the judge, there is no more relationship in the property especially in case of separate property; the husband’s ownership belongs to the husband and the wife one belongs to the wife.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	Marital Property Division Lawsuit, resolution process of lawsuit in the District Court
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	YUDHA KILAT SATRIO
Date Deposited:	09 Nov 2017 03:43
Last Modified:	09 Nov 2017 03:43
URI:	http://eprints.ums.ac.id/id/eprint/57432

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