Division Of Joint Property Based On Contribution Consistent With The Principles Of Marriage Law

Abstract

The division of marital property often leads to disputes due to the absence of a prenuptial agreement that separates the personal property of the husband and wife. This causes legal uncertainty and differences in court rulings, both religious and secular. Therefore, it is necessary to analyze the basis of fairness and legal certainty in the division of joint property after divorce in accordance with Law Number 1 of 1974, HIR, and the Compilation of Islamic Law. The author's purpose in writing this scientific article is to understand and analyze the division of joint property based on contribution in accordance with the principles of marriage law. The author used a normative legal research method and two supporting approaches, namely the statute approach and the case approach. In this study, there is coherence in the decisions, and the decisions taken by the author are used as jurisprudence, but they contradict the positive law in Indonesia, namely Law Number 1 of 1974 concerning marriage, HIR, and KHI. The results of this study show that an analysis of Supreme Court Decisions No. 266 K/AG/2010 and No. 901 K/Pdt/2019 reveals differences in the approaches used to determine the fairness of the division of joint property. Decision No. 266 K/AG/2010 emphasizes fairness based on actual contributions, while Decision No. 901 K/Pdt/2019 upholds fairness through the principles of equality and legal certainty with a 50:50 division. The author supports Decision No. 901 K/Pdt/2019 because it reflects proportional justice and equality of rights between husband and wife in accordance with Indonesian positive law.