Tinjauan Yuridis terhadap Pengaturan Harta Bersama dalam Perkawinan Berdasarkan Undang-Undang Perkawinan

Abstract

The purpose of this study is to analyze the legal framework governing the division of marital property under the Marriage Law and to examine how such provisions are implemented in judicial practice. The research method employed in this study is the normative legal research method, which focuses on analyzing legal norms and principles. The approaches used include a statutory approach and a conceptual approach to provide a comprehensive understanding of the issue. The data utilized consists of secondary data, encompassing primary, secondary, and tertiary legal sources, including legislation, legal doctrines, and relevant scholarly works. The results of this study indicate that judges have correctly identified joint property in accordance with Article 35 of the Marriage Law. However, in its division, they apply proportional justice, allocating 40% to the wife and 60% to the husband, rather than adopting a strict 50:50 distribution. This approach reflects a legal finding that prioritizes substantive justice based on the specific circumstances of the case. Nevertheless, the decision remains grounded in the provisions of Articles 35–37 of the Marriage Law as the normative basis for resolving disputes related to marital property.