Distribution of Joint Assets For Divorced Wife in Unrecorded Marriage (Bima District)
DOI:
https://doi.org/10.31004/jptam.v6i2.4407Keywords:
Joint Property, Wife, Unregistered MarriageAbstract
The practice of undisputed marriages is the same in the case of breaking up of marital relations and has implications for the process of dividing joint assets.So the purpose of this study is how the legal consequences and provisions for the distribution of assets for divorced wives from marriage are not recorded in the distribution of joint assets in civil law and how legal remedies for wives for the right to share joint assets for divorced wives in marriage are not recorded in Bima Regency.This study uses empirical legal research, with a Case Approach, a legal approach (approach status) and a conceptual approach (conceptual approach) using primary data, data analysis using qualitative descriptive with inductive thinking. The results of this study indicate that first a marriage is valid if it is carried out according to religious law and consecutive beliefs.Second, if the marriage is not registered, then it is not and the validity of the marriage, both in the distribution of joint property or gonorrhea property. Third, the legal consequences of unregistered marriages on the position of joint assets, marriages without official documents or commonly referred to as unregistered marriages,so that in the position of joint property the State is not entitled to regulate the distribution because it is not recorded in the marriage registration, but in the distribution of joint property it can still be carried out on condition that an agreement is made in the distribution of its assets.
References
Binti, n. A.F. (2018). Siri marriage and its implications for the distribution of joint property according to Islamic family comforts in the land of Kedah. Family law, 92 (January), 14.
Darmabrata, w. (1996). Age of maturity in law no. 1 of 1974 concerning marriage. Journal of law & development, 13(August), 3.
Dwiasa, echo Mahardhika. (2018). The function of itsbat marriage is to provide legal protection for wives who are married undocumented (siri marriage) in the event of a divorce, 30 (July), 17.
Rahman, s., qamar, n., & kamran, m. (2020). The effectiveness of the distribution of joint property after divorce: a case study of polygamous marriages. Legal journal sign, 15(March), 2.
Siri, p. (2019). The concept of the division of joint property due to divorce in a siri nourma marriage. Journal of supremacy, 9(september), 5.
Yunanto, y. (2018). The point of contact for the diversity of legal systems in the distribution of marital property in serial marriages. Legal issues, 15(4), 2.
Https://doi.org/10.14710/mmh.47.4.2018.385-399
Yusuf, m. (1974). The impact of unregistered marriage on family behavior . Journal of at-taujih, 13(December), 2.
Phoenix Library Team. (2012) Big Indonesian Dictionary, Jakarta: Pustaka Phoenix,
International Islamic University of Malaysia (UIA). (2003) Treasure Search Proceedings of the Injuction Ex-Parte, Kuala Lumpur: International Islamic University Community Verified Icon
Malaysia.
Open in Google Translate
Sharia Report Journal. (2008), The Malaysian Cuent Law Journal, (Kuala Lumpur: ICL-Sya, p. 124.
Azlina bint Abdul Latif.(2004), Search Assets: Implementation and Assessment According to Syarak Law, (Bangi: Universiti Kebangsaan Malaysia, p.14.50
International Islamic University of Malaysia (UIA). (2003), Treasure Search Proceedings of the Ex-Parte Induction Order, Kuala Lumpur: Universiti Islam Antarabangsa Malaysia, p. 68
Mohd. Idris Ramulyo, Marriage Law, Inheritance Law,
Legal Procedures for Religious Courts and zakat according to Islamic law, Cet: Jakarta, Sinar Graphic, p. 28
Hilman Hadikusuma. (1990), Indonesian Marriage Law, according to
Legislation, Customary Law, Religious Law, Print: Bandung, Mandar Maju, p. 123
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