PERLINDUNGAN HUKUM TERHADAP ISTERI ATAS HARTA BERSAMA DALAM PERKARA PERCERAIAN DI PENGADILAN AGAMA

Abstract

The main objective of this research is to provide general information regarding the legal protection of the wife upon the treasure together in case of diforce the Court Religion. Such protection my be a marriage agreemant, rekonvensi, lawsuit along treasure together and conviscation marital. The lawsuit of divorce my be combined with other such tort lawsuit along treasure, custody of the child and the child maintenance, charged iddah and mut’ah. Approach to methods used in the manufacture of this thesis is normative and empirical approach, because in addition to using the rule of law and regulation relating to joint property, also using interviews with some of the judges in order to obtion data on the legal protection of the wife of disputed join property in religious courts. Based on reseach that has been done, then it can be noted that an authorized to sue accumulation is the Religion court and not found on other courts. The goal is the judiciary that simple, fast, and law cost. Judges adjudicate cases seen the kasuistis, so it can be decided on the basis of justice. For example, the wife contributes larger than husband during mariage while the husband jobless and acts inappropriately, therefore court may decree and equitable distribution of comunity properti, which resulting an unequal division of such as three fourth for wife and a quarter for husband. The obstacles are due to lack of information; fail of mut’ah and iddah maintenance, protacted turnaround time, opposition in litigation practice, so it is not uncommon overlap, and the means used by the judge in a case in wich cumulation is not specifically regulated in laws my conflict with the principle of justice that is simple, fast an law cost. Legal steps taken to wife/husband who is note satisfied with the decition of the court is verzet for parties who did not attend the hearing until adjudication. Appeal and judicial review.