Skripsi

PENYELESAIAN SENGKETA PEMBAGIAN HARTA BERSAMA PASCA PERCERAIAN (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 959 K/PDT/2020)

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This study aims to analyze the process of resolving the dispute over the division of joint assets between Yenni (Plaintiff) and Phang Marco (Defendant) after the divorce at the West Jakarta District Court. The background of this case is the unilateral control of the object of the joint assets dispute by the Defendant without any negotiation or agreement on the division of joint assets with the Plaintiff and this decision is contrary to Article 128 of the Civil Code and Article 37 of the UUP where the Judge granted some and declared some parts unacceptable (Niet Ontvankelijke Verklaard). Therefore, the author concludes 2 problems, namely first, how is the judge's consideration in determining the division of joint assets as per the Supreme Court Decision Number 959 K / Pdt / 2020? Second, How is the resolution of the dispute over the division of joint assets after the divorce in the Supreme Court Decision Number 959 K / Pdt / 2020? This research is a normative legal research using a statutory approach and a case approach. The results of the study indicate that the objects in dispute are joint assets during the marriage. However, the judge granted part of the entire disputed property for a reason: the plaintiff failed to explain in detail what was being contested. Therefore, Supreme Court Decision No. 959 K/Pdt/2020 demonstrates the judge's careful and fair consideration in providing justice for the disputing parties. Keywords: Community Property, Judge's Legal Considerations, Dispute Resolution.

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Detail Information

Series Title

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Call Number

T1950902026

Publisher

Indralaya : Prodi Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xiii, 98 hlm.; ilus.; 29 cm

Language

Indonesia

ISBN/ISSN

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Classification

297.577 07

Content Type

Text

Media Type

unmediated

Carrier Type

-

Edition

-

Subject(s)

Perceraian
Prodi Ilmu Hukum

Specific Detail Info

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Statement of Responsibility

KA

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