Abstract
This study's purpose is to reveal and determine the implementation model of the distribution of marital property after divorce from the perspective of Madurese local wisdom. This research uses the empirical juridical method; according to Ronny Hanitijo Soemitro, a law that is empirically a symptom of society, on the other hand, can be studied as a variable (independent variable) which causes consequences on various aspects of social life. In social studies, the law is not conceptualized as an independent (autonomous) normative phenomenon, but as social institutions which are associated in real terms with other social variables. The results of this study are: a model for the implementation of post-divorce marital property distribution in the perspective of Madurese local wisdom, with the wisdom of distributing marital assets after divorce by distributing them into several models or forms as follows: (1) following the distribution model according to the positive legal arrangement of Indonesia, namely what is regulated in state law and is decided by the Religious Court, that the distribution of marital assets, namely widows or divorced widowers, each has the right to a half of the marital assets as long as it is not stipulated otherwise in other agreements in marriage. Meanwhile, based on the Article 37 of Law Number 1 the Year 1974 concerning the marriage, if the marriage breaks up due to divorce, marital assets is regulated according to their respective laws. Meanwhile, according to the Civil Code (KUH Perdita), Article 128, after the dissolution of marital assets, their marital assets are divided between husband and wife, or between their heirs, without question of which party the goods originated from. (2) the post-divorce model of the distribution of marital assets in the perspective of Madurese local wisdom is based on the wisdom of each individual soul or soul of a divorced husband and wife. The wisdom of each of these minds or souls is partly rooted in the Madurese community, which in this paper is called wisdom. As part of local wisdom in Madura, the distribution of marital assets is carried out by means of mediation (abeq remember) attended by community leaders.
Highlights
The marriage is a statement of the will of the two people between a man and a woman as husband and wife in a bond to live together to form a family based on their respective religions or based on their respective beliefs
The implementation of the model for distribution of post-divorce marital assets in the perspective of Madurese local wisdom, with the wisdom of distributing marital assets after divorce, is divided into several models or forms as follows: 1. Following the distribution model according to the positive legal arrangements of Indonesia, namely what is regulated in state law and is decided by the Religious Court
If paying attention to the provisions of Article 97 of the Compilation of Islamic Law (KHI), it is very clear that it determines the share of marital assets, namely a widow or divorcee, each of them is entitled to a half of the marital assets as long as it is not stipulated otherwise in other agreements in marriage. This means, if the marriage agreement states that the marital assets obtained during the marriage take place, and in the event of a divorce, the marital assets are divided into two parts
Summary
The marriage is a statement of the will of the two people between a man and a woman as husband and wife in a bond to live together to form a family based on their respective religions or based on their respective beliefs. From one perspective of the marriage,it is as an instrument that creates a relationship between the two parties between the man and woman in the household as a husband-wife bond. According to perspective of each person's household life, the essence of household life is not that there is no conflict and runs well without any problems, but the differences of opinion are found, so that disputes between husband and wife lead to conflicts. This is due to differences in character, nature, habits, level of education as well as religious knowledge about the nature of marriage itself. A varu problem arises, namely regarding the distribution of marital property that requires resolution
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