“DIVISION OF JOINT MARITAL ASSETS DUE TO DIVORCE”

Religious Courts are not authorized to examine and adjudicate claims for the division of joint assets that are filed together with demands for divorce. For Muslims, a divorce occurs when the divorce is stated in the Religious Court session. It does not happen during the registration of the divorce decision of the Religious Court to the Divorce Registrar.

The division of joint marital assets due to/because of divorce is not divided into three parts, even if there are children born from their marriage, but into two equal parts between the divorced husband and wife. Children do not have rights because their parents are still alive.

Supreme Court Decision No. 2253 K/Pdt/1984, dated 30 August 1986.

Source: Ali Boediarto, S.H.’s book, entitled: Compilation of Legal Abstracts of Supreme Court Decisions, Publisher: Indonesian Association of Judges, page 13.

Best regards,

Fredrik J. Pinakunary