PENGATURAN HARTA BERSAMA PASCA PERCERAIAN: STUDI KOMPARATIF HUKUM KELUARGA ISLAM INDONESIA DAN MALAYSIA

Abstract

Like marital bonds, divorce between husband and wife also has legal consequences. One of the legal consequences of divorce which is risky for disputes is joint property. The phenomenon of disputes over joint property between husband and wife after divorce has caused the writer's anxiety. The author is interested in comparing the conception of joint property between two countries, namely Indonesia and Malaysia, especially the Malaysian states of Selangor and Melaka. The choice of these two countries is because the two countries have similarities in several ways, namely in terms of religion, geography, climate and family resemblance. The purpose of this paper is to compare the conception of joint property in Indonesia and the states of Malaysia, namely Selangor and Melaka. The research method in this study uses the library method with a comparative approach, namely collecting data, comparing the data obtained and presenting the results. The results of the study show that the rules of joint property in Indonesia show that assets are divided equally. Meanwhile in Malaysia, it shows that the distribution of joint property is more concerned with the contributions made by both parties.