The Legal Implications of Divorce for the Division of Marital Assets (Number Decision Study 2517/Pdt.G/2025/Pa.Mdn)

Abstract

Joint marital property refers to all assets acquired by the husband and wife during the marriage, regardless of which party earned or generated the assets. The division of joint marital property essentially reflects the principle of justice for both parties. This study aims to identify and analyze the legal rules governing the division of property after divorce, as well as to explain and evaluate the implementation of the division of joint marital property after divorce in practice at the Medan Religious Court. The type of research applied in this journal is normative legal research. Normative legal research is a scientific research procedure aimed at discovering truth based on the logic of legal science from a normative perspective. The data were obtained from the community through observations or interviews, and the analysis was conducted qualitatively. The research results show that the number of divorce cases in 2025 reached 3,270 cases, of which 1,635 cases considered Article 35 as the legal basis for allocating joint marital assets. The panel of judges generally applied the principle of equal division (50:50) based on the principle of equality in marriage. In divorce cases at the Medan Religious Court in 2025, the total number of cases reached 1,635. The most dominant category involved jointly operated businesses, with 575 cases (35.17%), followed by residential houses with 365 cases (22.34%), savings/bank accounts with 280 cases (17.12%), motor vehicles with 265 cases (16.20%), and vacant land with 150 cases (9.17%).