Distribution of Wealth by Parties as a Result of Divorce in Hindu Communities ( Case Study in the Indonesian Hindu Society, West Nusa Tenggara Barat)

I Bagus Angga Paradesa ,Salim Hs ,Any Suryani Hamzah

doi:10.7176/jlpg/98-08

Abstract

The purpose of this study is to find out and analyze the distribution of assets by the parties due to divorce in Hindu society (PHDI) West Nusa Tenggara and to find out and analyze the legal consequences of the distribution of assets by the parties by divorce in Hindu society (PHDI) West Nusa Tenggara. This type of research is empirical legal research, statutory approach, conceptual approach and sociological approach, with research locations in PHDI West Nusa Tenggara. Based on the results of the study, the distribution of assets by the parties due to a divorce in the Hindu community carried out by the PHDI West Nusa Tenggara based on its function as a religious institution, PHDI West Nusa Tenggara is passive, if there are reports of the parties, there is a stage of coordination and deliberation on sitting down issues, decision making which is operational in nature to summon or follow up on cases to be sought by the opinion of the parties and to present experts and Hindu religious figures. Subsequent stages are given suggestions, solutions for further steps, limited to agreement or further commitment to the efforts taken or provide recommendations directed at the settlement by mediation. As a result of the legal distribution of assets by the parties with a divorce to the Hindu community committed by PHDI West Nusa Tenggara region an attempt is made to resolve it through mediation and settlement through a court. PHDI is not authorized to carry out the distribution of assets due to divorce. In the West Nusa Tenggara region, there are no adat institutions / traditional villages as in Bali that can be directed towards the settlement of the distribution of assets by PHDI. Keywords : Hindu society, property distribution, divorce. DOI: 10.7176/JLPG/98-08 Publication date: June 30th 2020

Highlights

Sharing property together in a marriage is always a crucial thing as a result of divorce
The focus of the problem raised in this research is the distribution of assets by the parties due to the divorce of the Hindu community by parties due to divorce in Hindu society (PHDI) West Nusa Tenggara and the legal consequences of the distribution of assets by the parties by the divorce of the Hindu community by the PHDI West Nusa Tenggara
The second pair who chose through the court, based on the results of interviews with Nengah Artana Putra, namely: "... how do we do that, we reported it earlier, we initially wanted to divorce, we wanted to go directly to the court, but the family ordered us to go to PHDI first, so the process took a long time, because several times it was forced into peace, we were told that the trial was conveyed if divorce has even a lot of problems later, but because it was unanimous in its determination, the settlement goes to court ... "

Summary

Introduction

Sharing property together in a marriage is always a crucial thing as a result of divorce Because both the husband and wife will make a fuss about the distribution of shared assets owned during the marriage, both husband and wife mutually assume or postulate together have the right to assets in the marriage. This is due to the fact that most of the husband and wife in the family do not record the assets owned by the husband and wife, so there is often a mixture of inheritance with shared assets during the marriage. In Balinese customs, divorce results in certain legal consequences for joint property in a marriage (Bali: gunakaya).

Objectives

Methods

Discussion

Conclusion