E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 3, Issue 4, 2023

Common Heritage Devision Trough Adat Institution Apparatus

Author(s): Nur Najmi, Iman Jauhari, Novi Sri Wahyuni


The rules regarding the distribution of joint assets through customary devices are listed in Article 37 paragraph (1) of Law No.16 of 2019 concerning Amendments to Law No.1 of 1974 concerning Marriage (Marriage Law), it states that "When a marriage is broken up due to divorce, the assets together are governed according to their respective laws.” In the elucidation of Article 37 paragraph (1) it is emphasized that each law is religious law, customary law and other laws related to the division of the joint property. Then in Article 97 of Presidential Instruction No.1 of 1991 concerning the Dissemination of Compilation of Islamic Law (KHI) it is determined that "Widows or widowers who are divorced are each entitled to half of the joint property as long as it is not specified otherwise in the marriage agreement." In fact, the process of sharing joint assets through traditional instruments is still often disputed between ex-husbands and ex-wives, where one party does not comply with the final results of the negotiations that have been agreed before the customary apparatus so that it misuses the shared assets, one of which is by secretly selling the part that is divided so as to make the other party feel disadvantaged.

Keywords: Heritage Devision, Adat Institution

Pages: 718-723

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