Analisis Pembagian Harta Gono Gini dalam Proses Perceraian Di Indonesia Perspektif Hukum Islam dan Hukum Nasional

Abstract

This discussion regarding the distribution of mutually beneficial assets in the divorce process in Indonesia aims to: (1) Understand and analyze the implementation of the distribution of mutually beneficial assets in post-divorce, (2) To normalize disputes so that they do not conflict with either Islamic law or state law. This research method uses secondary data. Secondary data was obtained through journals, articles and documents. This approach uses a normative juridical type by exploring regulations that apply in Indonesia and relevant studies. Gono gini assets, which are joint assets acquired after marriage. In the context of Islamic law, the distribution of assets prioritizes the principle of justice based on the contribution of each party. Meanwhile, the national legal perspective is regulated in Law 1974 no. 1 concerning marriage and the complications of Islamic law, the division of property between you and your wife is regulated using a more systematic approach and is based on proportional distribution.