The Essence of Justice in the Division of Community Property in Polygamous Marriage According To Law Number 1 of 1974 Concerning Marriage

Abstract

Norms regarding property in marriage are listed in Law number 1 of 1974 concerning Marriage. Property in marriage can be categorized as joint property, separate property, and property obtained as gifts or inheritances respectively. The objectives of this study are: 1) to analyze the essence of justice in the division of community property in polygamous marriage according to Law number 1 of 1974 concerning Marriage. The design of the research is legal research. Legal research method is based on the essence of legal science whose object is the norm. Legal research assesses legal norms so that this is normative. The analysis results of this study are that all wives have the same rights to community property in polygamous marriage. This right is started from the marriage of each of the spouses. In addition, the portion or part of each wife in the division of community property in polygamous marriage does not look at the time aspect of which the legal relationship occurred and the contribution of each wife in the acquisition of community property, but it only looks at marital status; the wife of a husband.

Keywords: division of community property, law, marriage, polygamy

DOI: 10.7176/JLPG/82-18