The Rights of Each Wife in the Division of Community Property in Polygamous Marriage According to Law Number 1 Of 1974 Concerning Marriage

Nurul Maulidah, Thohir Luth, Iwan Permadi, Masruchin Ruba’i

Abstract


This study aims to analyze the norms that all wives have the same rights over community property obtained since the marriage took place as the norm in Article 65 paragraph (1) letter c of Law number 1 of 1974 concerning Marriage. Therefore, this will get answers to the rights of each wife to community property in the division of community property in polygamous marriage. This research includes the type of legal research. The research method is based on the nature of legal science whose object is the norm. Legal research assesses legal norms so that it is normative. A man and woman before marriage each have complete rights to their property. After binding themselves to a marriage institution, there are norms governing their rights to property ownership. Community property in a marriage is realized by the effort of husband and wife; however, the capital can also come from separate property or gifts from each husband and wife which are manifested into property in marriage. Determination of community property in polygamous marriages is only based on marriage in which each wife can ignore the rights of another wife.


Keywords


Law; Polygamous Marriage; Property

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References


Law number 12 of 2011 concerning Establishment of Legislation (State Gazette of the Republic of Indonesia of 2011 number 82, supplement to the State Gazette of the Republic of Indonesia number 5234).

Law number 48 of 2009 concerning Judicial Power (State Gazette of the Republic of Indonesia of 2009 number 157, supplement to the State Gazette of the Republic of Indonesia number 5076).

Law number 7 of 1989 concerning the Religious Courts (State Gazette of the Republic of Indonesia of 1989 number 73, supplement to the State Gazette of the Republic of Indonesia number 3316).

Law number 3 of 2006 concerning changes to Law number 7 of 1989 concerning Religious Courts (State Gazette of the Republic of Indonesia of 2006 number 22, supplement to the State Gazette of the Republic of Indonesia number 4461).

Law number 50 of 2009 concerning the second changes to Law number 7 of 1989 concerning Religious Courts (State Gazette of the Republic of Indonesia of 2009 number 159, supplement to the State Gazette of the Republic of Indonesia number 5078).

Law number 1 of 1974 concerning Marriage (State Gazette of the Republic of Indonesia of 1974 number 1, supplement to the State Gazette of the Republic of Indonesia number 3019).

Government Regulation number 9 of 1975 concerning Implementation of Law number 1 of 1974 (State Gazette of the Republic of Indonesia of 1975 number 12, supplement to the State Gazette of the Republic of Indonesia number 3050).




DOI: http://dx.doi.org/10.18415/ijmmu.v6i1.621

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