Socio-Legal Updates of Children’s Rights on the Protection and Shared Assets in Divorce Cases in Indonesian Family Law

Abstract

The focus of this research study is the law on the distribution of joint assets and child custody as a result ofdivorce against husbands and wives who work based on justice value. Article 97 Compilation of Islamic Lawwhich determines that widows of divorced widows get a half share of the joint property. This is inseparablefrom the provisions of Article 31 and Article 34 of Law Number 1 of 1974 concerning Marriage. Thisstudy uses normative juridical method, sociological juridical method, and comparative juridical researchmethod; and using decision data and interviews with judges of the religious courts, using critical paradigmsand using inductive qualitative analysis. The results of the study were that the judge had begun to makelegal discoveries. Factors that influence the ruling of the religious courts that do not bring about justiceare substantial, structural, and cultural factors. The current division of shared assets and the rights of childownership as a result of divorce is not yet fair, meaning that the construction of the distribution of sharedassets and child rights as a result of divorce is currently granted by The reconstruction of the legal value ofthe distribution of shared assets due to divorce is carried out casually based on its contribution by taking intoaccount the benefit and well-being of the company.