PROSES PENYELESAIAN PEMBAGIAN HARTA BERSAMA YANG DIPEROLEH DARI HARTA BAWAAN STUDI KASUS NOMOR PERKARA: 71/Pdt.G/2023/PN.MLG

The background of this research is taken from a gono-gini case at the Malang District Court Class IA on the grounds that there are problems related to inherited property and joint property at Case register number: 71/Pdt.G/2023/PN.Mlg. Regulations regarding joint property and inherited property are regulated in CHAPTER VII Article 35 paragraphs (1) and (2) of Law No. 1 of 1974 concerning Marriage. After divorce, control over joint property is divided between the two parties (husband / wife), while inheritance or gifts are controlled by each party. To protect property legally, it is necessary to make a marriage agreement that regulates inherited property and joint property. A marriage agreement is made as an effort to anticipate injustice in the judicial process of dividing inherited property, if there is a dispute between husband and wife. Marital agreements have benefits in resolving inherited property disputes, and can help the Panel of Judges adjudicating joint property disputes when making the right decision on joint property disputes. In the event of a case/dispute, the marriage agreement can be used as evidence of ownership or the subject of the dispute.Keywords : joint property; marriage agreement; and divorce. Because in this case the parties did not make a marital agreement that regulates inherited property and joint property, the Judge gave a decision if all property that became joint property would be divided by 1/2 each party. The approach method used by researchers is the sociological and normative juridical approach, the sociological approach is carried out by accumulating information from primary data obtained directly in the field aimed at the application of law, while the normative juridical approach is carried out by examining theories, concepts, legal principles and laws and regulations related to this research. This method functions when understanding and interpreting applicable legal regulations or norms and assessing whether these regulations are in accordance with applicable legal principles The actions of the Plaintiff who left the house with his two children without the permission of the Defendant while carrying some property, some of which was the property of the Defendant before the marriage took place. Then, after the issuance of the divorce verdict issued by the Malang District Court, the Plaintiff filed a lawsuit for joint property addressed to the Defendant. With the arguments of the Plaintiff's lawsuit in which the Defendant's assets were included in the joint property. And the Plaintiff's actions have never communicated the issue of joint property with the Defendant since the breakdown of the marriage. The problem is that there is no marital agreement that regulates or classifies what assets become inherited property and joint property.