Distribution of Wealth by Parties as a Result of Divorce in Hindu Communities ( Case Study in the Indonesian Hindu Society, West Nusa Tenggara Barat)

Abstract

The purpose of this study is to find out and analyze the distribution of assets by the parties due to divorce in Hindu society (PHDI) West Nusa Tenggara and to find out and analyze the legal consequences of the distribution of assets by the parties by divorce in Hindu society (PHDI) West Nusa Tenggara. This type of research is empirical legal research, statutory approach, conceptual approach and sociological approach, with research locations in PHDI West Nusa Tenggara. Based on the results of the study, the distribution of assets by the parties due to a divorce in the Hindu community carried out by the PHDI West Nusa Tenggara based on its function as a religious institution, PHDI West Nusa Tenggara is passive, if there are reports of the parties, there is a stage of coordination and deliberation on sitting down issues, decision making which is operational in nature to summon or follow up on cases to be sought by the opinion of the parties and to present experts and Hindu religious figures. Subsequent stages are given suggestions, solutions for further steps, limited to agreement or further commitment to the efforts taken or provide recommendations directed at the settlement by mediation. As a result of the legal distribution of assets by the parties with a divorce to the Hindu community committed by PHDI West Nusa Tenggara region an attempt is made to resolve it through mediation and settlement through a court. PHDI is not authorized to carry out the distribution of assets due to divorce. In the West Nusa Tenggara region, there are no adat institutions / traditional villages as in Bali that can be directed towards the settlement of the distribution of assets by PHDI.

Keywords: Hindu society, property distribution, divorce.

DOI: 10.7176/JLPG/98-08

Publication date:June 30th 2020