HAK ANAK DALAM PENYELESAIAN HARTA BERSAMA KARENA PERCERAIAN (Studi Perkara No. 369/Pdt.G/2008/PA.Bkt)

AHMAD, ROJALI NASUTION (2018) HAK ANAK DALAM PENYELESAIAN HARTA BERSAMA KARENA PERCERAIAN (Studi Perkara No. 369/Pdt.G/2008/PA.Bkt). Masters thesis, Universitas Andalas.

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Abstract

Divorce does not only have consequences in the breaking of marriage relationship betweenhusband and wife,but it also impact of thecommon property including the children rights. The children right because of the vorce is set in articel 41 letters a and b and articel 45 low No. 1 year 1974 about the marriage, include the maintenace of children, education and fulfillment ot the cost. The reality of the norm is always not exact same with concrete events. To demand the judge does the reasoning prior the conclusion or decision is a necessity. Discovery the law of rechtsvindingis one of efforts of judges interpret the regulation to be applied of the events or case. The problems of this research are formulated that is : (1) how is the dispute settlement process of common property because of divorce on case number 369/ Pdt. G/2008/ PA. Bkt ? : (2) : how is the children rights in dispute resolution of common property because of divorce on case number 369/ Pdt. G/2008/ PA. Bkt ?: (3) how is the determination of children rights in dispute resolution of common property because of divorce on case number 369/ Pdt. G/2008/ PA. Bkt ?. the type of this esearch is case –study about the applied of low for the concrete event at the Bukittinggi Religious Court. But, this research more concerned on aspects of the discovery the law basically refer to the doctrine or expert opinion. This research more inclined to the normative approach law (normative-legalresearch). The research material used synergize between the legal studies of social-legal research and normative-legal research,according to the problem solving which needed, include the primary data and secondary data. In this research finded some conclusions that is: (1) The application process in casu (cumulative), between the application mastery of children and common property with the divorce jutisfied legally event; (2) Set a portion of 1/3 of common property for the children, the legal certainly guarantee childrens’ rights financially more measured. If the parties do their obligations it can be applied efforts execution without through the lawsuit to the court; (3) Set a portion of 1/3 of common property for the children the judge is not right called as discovery of law in the esense to form the law (rechtsvinding), because the low is incomplete (wet vacuum). The divorce is not cause as the birth of childrens’ right of parents’ property or be cause of shifting of parents’ property to the children. Key word : Children Right, Settlement of Common Property, Divorce

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