Juridical Review of the Division of Joint Property Due to Divorce of Married Couples of Different Religions From The Perspective of the Civil Code

Abstract

Marriage and religion have a close and inseparable relationship. Almost all religions regulate marriage issues, which basically always require marriage between men and women of the same religion. However, in reality there are still many people who marry from different religions. This marriage will give rise to valid legal consequences for all the consequences arising from marriages of different religions, one of which is joint property. The formulation in this research is the division of joint assets resulting from the divorce of husband and wife of different religions from the perspective of the Civil Code and the legal consequences after the division of joint assets resulting from the divorce of husband and wife of different religions from the perspective of the Civil Code. The research method used is normative research. The sources of legal materials in this research are primary legal materials and secondary legal materials. The legal material collection technique used in this research is library research (library research). The legal material analysis techniques used are descriptive, interpretive and legal reasoning analysis techniques. The division of joint assets under normal circumstances uses one of the legal provisions of the husband's or wife's religion. If a situation arises through a lawsuit, the distribution of joint assets according to the provisions of the Supreme Court dated 9 December 1959 No. 424K/STP/1959 joint assets must be divided between husband and wife with each receiving a share. The legal consequences of dividing joint property between a husband and wife who have divorced due to a divorce between different religions must be willing to carry it out voluntarily as a result of the division of joint property.