In use, either the wife or the husband have equal rights
Not only divorce due to the presence of a mismatch in the relationship of the household (commonly called divorce life), but also divorce happens because the husband or wife dies (commonly called divorce dead)Please be aware, not all prices that are abandoned by the husband or wife including in the joint property. You need to know the definition of treasure in the rule of law in Indonesia. Just the mention of the type of property upon marriage this refers to the use of the term common property as stated in Law Number one Year about Marriage. The legislation is written, that the joint property is all kinds of property obtained by spouses during the marriage. In addition, its use should also be accompanied with the consent of the other party.
In addition to joint property, there is also the type of other property not included in it. Treasure the innate is the type of the treasures brought by a wife or husband before undergoing the marriage.
The treasures of default can be derived from a variety of sources, for example from income when still unmarried, gift, or inheritance.
Different with the common property, the ownership type of this treasure is on the party who obtained or took it.
Therefore, this type of treasure is not included in the treasure cerai mati can be found in Chapter thirty-eight the Act of Marriage as well as Presidential Instruction Number one of the Year on the Dissemination of Compilation of Islamic Law (KHI). The Marriage act does not specifically mention how the distribution for the case of divorce death. These rules only mention that a separation in a marriage can be caused by three things, namely death, divorce, and the decision of the court. Only, the rule of law is set in the general division of joint property consequence of divorce. According to the Marriage LAW, the joint property should be divided evenly, regardless the separation occurred due to death, divorce, or court decision. to the husband or wife who is left dead partner In article it is mentioned that when there is widowed, then half of the entire joint property is the right of the spouse that lives longer.
Just, still according to the Instruction KHI, division of joint property consequence of divorce die it can't be directly done.
This division still must be accompanied by the certainty of the death of the real or the certainty of death by law based on court decisions, but also including inheritance.
With a fair distribution, such property will not become a source of division in the family.
Split due to the issue treasure left by a man who had died was certainly not desired by anyone.
By both parties who are still alive, or people who have died. Agreed, right.
