SHARING ASSISTANCE AFTER DIVORCE (STUDY OF SUPREME COURT DECISION NUMBER 597K/Ag/2016

Abstract

Joint assets are a legal consequence after the divorce. The position of joint property after divorce is regulated according to each law, in accordance with the provisions of Article 37 of the Marriage Law. Pursuant to Article 97 of KHI if the marriage is terminated due to divorce, the joint property is divided in two. But in reality based on the Supreme Court Decree No. 597 K/Ag/2016, the judge decided the portion received by his ex-wife was greater than his ex-husband. The purpose of this study is to explain the considerations of the Supreme Court judges in the distribution of shared assets after divorce, and the fulfillment of the principles of justice and legal certainty towards the distribution of shared assets after divorce based on the Supreme Court Decision Number 597 K/Ag/2016. This research uses normative legal research. The results showed that the Supreme Court judge in his decision No. 597 K/Ag/2016 based on the principles of justice and social justice did not divide ½ (half) the share of shared assets for ex-husbands and for ex-wives, even the Supreme Court judge shared the distribution of shared assets 2/3 for ex wife and 1/3 part for ex-husband with consideration that the ex-wife contributes more in producing joint assets. The decision of the Supreme Court that overrules Article 97 KHI, where the Supreme Court judge felt unfair and disagreed with the Judge of the Aceh Syariah Court considering the greater portion of the wife’s share in the acquisition of joint assets in the marriage.