Implementation of the Division of Joint Assets Due to Divorce Based on Pancasila Justice

Abstract

The division of joint assets resulting from divorce in Indonesia is regulated by Law no. 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage, which also includes a Compilation of Islamic Law, is considered to still not fulfill a sense of justice. This research aims to identify and analyze how the distribution of joint assets due to divorce is based on the Pancasila value of justice, because Pancasila is a philosophy of life and the source of all legal sources that apply in Indonesia. This research was conducted using a normative juridical approach. The results of research on the implementation of the distribution of joint assets as a result of divorce show that the distribution of joint assets as a result of divorce is carried out casuistically based on contributions, taking into account the benefits and negative impacts. The implementation was deemed not to be fair because the judge, when deciding on a case he handled, paid little attention to the substance of the case he handled and did not understand the meaning behind the words in the articles of the statutory regulations, the judge only based on the sound of the article in the statutory regulations. Many judges' decisions are based on article 97 KHI, even though article 97 KHI is deemed unfair if husband and wife both work or even the wife makes a greater contribution than the husband. Apart from that, when a judge decides on a case he is handling, the judge is influenced a lot by one of the parties in the case so that the judge's decision on a case does not embody justice or does not reflect justice.

Keyword: Divorce, Joint Property, Justice, Pancasila.