Distribution of Divorce Assets from Mixed Marriages According to Islamic Law is Linked to Law Number 16 of 2019 concerning Amendments to the Law Number 1 of 1974 Concerning Marriage

Abstract

The law on the asset division of mixed marriage divorce and problems in the distribution requires legal certainty and law enforcement. It can provide legal certainty that is beneficial and efficient for the community, with the hope that law enforcement will achieve justice. This study aimed to determine the position of mixed marriage assets and the legal consequences of divorce from mixed marriages on the distribution of assets in Islamic law and Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. The specification of this research is descriptive using a normative juridical approach, namely by reviewing and testing laws and regulations related to existing problems. Data collection techniques are carried out through document studies and analytical methods through normative qualitative. The position of mixed marriage assets in Islamic law, marital assets or syirkah are assets acquired either individually or jointly by husband and wife during the marriage, hereinafter referred to as joint assets and included in the scope of joint assets are tangible and intangible objects. Then the legal consequences of divorce from mixed marriages on the distribution of assets in Islamic law can be viewed from several possibilities, the husband's work minus the living for his family. Whereas in the laws and regulations on marriage, all property acquired during the marriage becomes joint property, as long as the parties do not specify otherwise, the parties are subject to different legal systems in mixed marriages. If the husband is a foreigner there is no property right in Indonesia.