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VOL. 11, ISSUE 5 (2025)
Division of joint and separate property post-divorce: A legal analysis of supreme court decision no. 32 K/AG/2009
Authors
Raudhatul Jannah, Iman Jauhari, Darmawan
Abstract
This study analyzes judicial considerations in
the division of joint property commingled with separate property following
divorce and the legal protection for parties who possess the pre-marital
property in property division post-divorce. The research employed a normative
juridical method, incorporating statutory, conceptual, and case-based
approaches. Legal material sources consisted of primary, secondary, and
tertiary legal materials, and the data was qualitatively analyzed. The findings
indicate that after divorce, in cases involving the division of joint property
which has been mixed with separate property, judges mainly look at the division
of joint assets according to existing legal provisions and have not given adequate
consideration to the historical context and ownership status of separate
property intertwined with joint assets during marriage. The legislation that
protects those who hold pre-marital property in this situation is greatly
guided by the Marriage Law and the Compilation of Islamic Law (KHI) because it
states that separate property will be the personal possession of that party
excluded from joint property division upon divorce.
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Pages:69-74
How to cite this article:
Raudhatul Jannah, Iman Jauhari, Darmawan "Division of joint and separate property post-divorce: A legal analysis of supreme court decision no. 32 K/AG/2009". International Journal of Law, Vol 11, Issue 5, 2025, Pages 69-74
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