The Essence of Justice in the Division of Community Property in Polygamous Marriage According To Law Number 1 of 1974 Concerning Marriage

Nurul Maulidah ,Thohir Luth ,Iwan Permadi ,Masruchin Ruba’i

doi:10.7176/jlpg/82-18

Abstract

Norms regarding property in marriage are listed in Law number 1 of 1974 concerning Marriage. Property in marriage can be categorized as joint property, separate property, and property obtained as gifts or inheritances respectively. The objectives of this study are: 1) to analyze the essence of justice in the division of community property in polygamous marriage according to Law number 1 of 1974 concerning Marriage. The design of the research is legal research. Legal research method is based on the essence of legal science whose object is the norm. Legal research assesses legal norms so that this is normative. The analysis results of this study are that all wives have the same rights to community property in polygamous marriage. This right is started from the marriage of each of the spouses. In addition, the portion or part of each wife in the division of community property in polygamous marriage does not look at the time aspect of which the legal relationship occurred and the contribution of each wife in the acquisition of community property, but it only looks at marital status; the wife of a husband. Keywords: division of community property, law, marriage, polygamy DOI : 10.7176/JLPG/82-18

Highlights

Marriage is a legal act1 that is desired by two parties that raises rights and obligations, among others, related to property in marriage
Findings and Discussion 3.1 Justice in the Division of Community Property in Polygamous Marriage according to Law Number 1 of 1974 Concerning Marriage Before discussing the essence of justice in polygamous marriage, firstly it is necessary to discuss justice contained in the norms of community property division in polygamous marriage according to article 65 paragraph (1) letter c Law number 1 of 1974 concerning Marriage that “all wives have the same rights for the community property that have occurred since their respective marriages”
The sub-discussion will be used to find justice in the norms of community property division in polygamous marriage stated in article 65 paragraph (1) letter c of Law number 1 of 1974 concerning Marriage

Summary

Introduction

Marriage is a legal act that is desired by two parties that raises rights and obligations, among others, related to property in marriage. Property in marriage can be categorized as joint property, separate property, and property acquired as gifts or inheritances respectively. Such norms are stated in the formulation of article 35: 1) “Property acquired during marriage becomes community property”. According to the norm in article 35, community property is assets acquired during the marriage. Such norms are the same as the term of “joint assets” in customary law.. “Joint assets” means property that have been collected during the marriage so that they become joint rights between husband and wife”.4 Such norms are the same as the term of “joint assets” in customary law.3 “Joint assets” means property that have been collected during the marriage so that they become joint rights between husband and wife”.4

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