Distribution of poh roh assets due to a divorce in gayo lues society

Abstract

This research was conducted in Kuta Lintang Village, Blangkejeren Sub-district of Gayo Lues District. The aims of the research are to find out about shared-Assets distribution after divorce through customary law, to observe the barriers of distributing shared-Assets in Gayo Lues and to examine legal consequences of undistributed shared assets after a divorce in Gayo Lues. This research applied descriptive method with a normative juridical approach to obtain secondary data, sociological juridical approach, and field research. There found obstacles of shared-Assets distribution in Gayo Lues Regency, such as a vague status of the Poh Roh assets, secret diversion of the sharing assets, and lack of knowledge about its distribution. Legal consequences of undivided joint assets after the marriage ended because of divorce are the vague status of the shared assets where the husband and wife can no longer separate between inheritance assets and poh roh assets; both of these assets might have been mixed. This results in the difficulty to separate inheritance assets and poh roh assets. In the cases when the assets actually belong to the wife but the husband holds the ownership paper of the assets, the wealth will be categorized as poh roh assets. However, it is quite difficult to determine the status of the assets when the husband has a bad faith and transfer or converse the wealth to the third party, common with movable objects.