Reconstruction of Law of Joint Property Distribution due to Divorce to the Working Husband and Wife Based on the Value of Justice

Abstract

Article 97 of Compilation of Islamic Law stated that a divorced widow or widower gets half part of the joint property. The application of the article also cannot be separated from 31 and 34 of Law No. 1 of 1974 on Marriage. However, Article 97 of Compilation of Islamic Law will not be considered fair and could not explain or resolve a problem if there is a wife who not only becomes a housewife, but also a housekeeper that provides the needs for the family (work). The results showed that in certain cases the judge has made a breakthrough related to the distribution of joint property due to divorce n which the wife is working to help husband to meet domestic life. The Verdict of Religious High Court of Padang No.38/Pdt.G/2013/PTA.Pdg. Establishes 1/3 of joint property for the Plaintiff (husband) and 2/3 of the property for the Defendant (wife) with a basic consideration in acquiring joint property of the Plaintiff and Defendant during the marriage, the Defendant is more dominant in the contribution of joint property and actively works as civil servants. Factor that influences the verdict which does not achieve justice is “legal substance factor”, “legal structure factor”, and “culture of law factors". Reconstruction of value of joint property distribution due to divorce is done based on the contribution by taking into account the benefit and detriment.

DOI: 10.5901/mjss.2017.v8n4s1p47