Fostering a happy and harmonious home life is the dream of everyone. Pengacara Perceraian No one ever hoped to experience the rift of domestic life they had built. Various problems, such as frequent quarrels, domestic violence, loss of a sense of compatibility to infidelity often become the source of the rift of domestic life problems that led to divorce. However, the affair of divorce is not a simple matter. There are consequences (consequences) of the law in a divorce. For example, Pengacara Perceraian sharing of joint property (gono gini), custody of children, child’s living and wife’s living. Pengacara Perceraian The question arises, how the lawsuit process in the religious court and the district court; Can the divorce lawsuit and the property of gono-gini, combined?
Lecturer of Marriage Law of University of Indonesia, Neng Djubaedah explained that the couple who are Moslem based on the Religious Judicature Law may apply for divorce or divorce divorce along with the division of gono gini property in religious court, so that the trial process is done together. “May be after (cut off) divorce, newly proposed treasure gono gini may be submitted together. It’s an option, “said Neng to Hukumonline, Wednesday (10/1). Read Also: The Convict Makes a Treaty To Sue Divorce from the Prison, Here’s the Law
In contrast to couples who are not Muslim, according to Neng, can not be merged divorce trial and property gono gini. Because, they are subject to the provisions of Herziene Inlandsch Reglement (HIR) or civil and criminal procedure law. Based on the HIR, Neng said, the trial process begins with the trial of divorce, then proceeded with a court suit lawsuit gono gini in the district court.
Previously, Family Law Lecturer UIN Syarif Hidayatullah Jakarta, Kamarusdiana explained the basic law of divorce in Islam regulated Article 39 of Law no. 1 Year 1974 on Marriage, Article 132 paragraph (1) jo Article 88 Compilation of Islamic Law (KHI). Concerning the merger of the lawsuit, Kamarusdiana said, there are two commonly used lawsuits.
First, the joint treasury trial is preceded by a court decision concerning the breakup of a marriage relationship because a divorce has permanent legal force. Then filed a joint treasure lawsuit. Secondly, there can be a merger between divorce and joint property lawsuit together.
“But the practice is often done first divorce trial, new lawsuit filed a joint lawsuit so that the divorce process is faster than divorce cases combined with a joint property lawsuit,” Kamarusdiana explained to hukumonline, Friday (23/1).
Concerning the merger of divorce and joint property, Kamarusdiana said, Article 86 paragraph (1) of Law no. 7 of 1989 as amended by Law no. 50 of 2009 on the Second Amendment to Law no. 7 Year 1989. Beleid mentioned the lawsuit about child control, child livelihood, wife’s livelihood can be filed together with divorce lawsuit or after divorce decision to get force of law remain (inkrach).
Lawsuits concerning child’s tenure, child livelihood, wife’s livelihood and joint property of a husband and wife may be filed together with a divorce lawsuit or after a divorce decision obtains a permanent legal force. If there is a third party claim, then the Court shall postpone the joint treasury case until a court decision in the public court environment obtains a permanent legal force on the matter.
Neng Djubaedah explained, there is no time limit related to how long after the new divorce divide treasure gono-gini. However, it is not recommended to postpone the distribution of the gono-gini property after the completion of the series of divorce proceedings. “Why should it be postponed? There is right people there. The right will not be removed because of the divorce, “Neng warned.
Neng explains there are three types of wealth in marriage that can be the object of dispute when divorce occurs:
First, congenital property, brought by husband and future wife. The treasure was obtained before they married. (Article 35 of the Marriage Law). For this kind of property is dominated by husband and wife.
Second, the property of each husband and wife obtained through inheritance, grant, testament, gift in marriage. This type of treasure-even its mastery is in each husband and wife.
Third, joint property (treasure gono-gini), namely the property acquired husband or wife together during the marriage.
Furthermore, Neng said if there is a marriage agreement does not mention the incorporation of luggage, means (automatically) the husband and wife separate luggage. Therefore, it can not be the object of disputed property, so it becomes the property belongs to each.