ANALISIS YURIDIS SOSIOLOGIS SENGKETA HARTA BERSAMA DIATAS TANAH HARTA BAWAAN (Studi Kasus Putusan Nomor 1886/Pdt.G/2023/Pa.Mlg)

Joint property issues frequently present complex challenges, as exemplified by Decision Number 1886/Pdt.G/2023/Pa.Mlg, which has attained permanent legal force (Inkracht Decision). This decision involves a dispute over joint property, specifically a permanent house. The house was constructed on land that is the inherited property of the Defendant (Husband). The costs associated with building the house were derived from the financial contributions of both the Plaintiff and the Defendant. The decision stipulates that the house will be divided equally, with 50% allocated to the Plaintiff and 50% to the Defendant. Consequently, there is a pressing need to ascertain whether the distribution of these mutually beneficial assets has been executed as determined. This research is empirical in nature, involving field research conducted through qualitative descriptive methods. The study utilized field data as the primary source of information. Data collection techniques employed included interviews, observations, and documentation. The findings of this research indicate that, in the distribution of joint property as determined by the Malang Religious Court, the allocation was made equally; however, this arrangement resulted in one party not receiving their rightful share. Resolution of this issue can only be achieved through mutual agreement and potentially by confiscating the Defendant's property equivalent to the value of the house. In practice, dividing joint assets that are intertwined with inherited assets poses a significant risk of injustice due to the absence of a legal framework or regulations that adequately govern the procedures for dividing assets situated on land owned by the husband