THE IMPLEMENTATION OF NATIONAL REGULATIONS ON THE DIVISION OF JOINT PROPERTY DURING DIVORCE

Abstract

This research investigates the prenuptial agreement, also known as the marriage agreement, which regulates the separation of assets between spouses prior to marriage. The research examines the formation and management of joint assets, which accrue from the commencement of the marriage until its dissolution. According to Article 38 of Law No. 16 of 2019, marriages may be dissolved through death, divorce, or court decisions. Utilizing a Normative Juridical legal research method, this research examines statutory regulations relevant to prenuptial agreements and analyzes the Bandar Lampung Religious High Court Decision No. 0004/Pdt.G/2021/PTA.Bdl, dated January 27, 2021, to provide guidelines for the distribution of joint assets post-divorce. The findings reveal that legal frameworks for the distribution of joint assets after divorce are delineated within marriage law and the Compilation of Islamic Law. Additionally, the research highlights the judge’s considerations in the aforementioned Religious Court decision regarding the division of joint assets.

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