JUFLI

KEDUDUKAN HARTA BAWAAN PASCA PERCERAIAN BERDASARKAN PRINSIP KEADILAN

KEDUDUKAN HARTA BAWAAN PASCA PERCERAIAN BERDASARKAN PRINSIP KEADILAN

ABSTRACT This study aims to analyze the Status of Separate Property after Divorce Based on the Principle of Justice. The issues raised in this research are: the status of separate property in marriage according to Islamic Law and Civil Law, and the regulation and legal protection of separate property in the event of a divorce, both under Islamic Law and Civil Law. This study uses a normative legal research type, with approaches including the statute approach and conceptual approach. In Islamic law, separate property refers to assets owned before marriage or acquired through inheritance, grants, or personal gifts. Such property remains the exclusive ownership of each spouse, whether husband or wife. It does not become mixed with marital property and remains under the control and authority of its original owner. In the event of divorce, separate property is not divided but is returned to its rightful owner. Under both Islamic law and civil law, the regulation and protection of separate property ensure that assets owned before marriage or obtained through inheritance or gifts remain personal property and are not subject to division upon divorce. Under the Indonesian Civil Code (Articles 119 and 132), separate property can only be treated differently through a prenuptial or marital agreement. Even if such property is used for household purposes, ownership rights remain with the original owner. Similarly, in Islamic law, principles derived from fiqh and the Qur’an affirm the same concept, while allowing for compensation in certain circumstances when the property has been used jointly. Therefore, separate property receives legal protection that safeguards the rights of each spouse. Keywords: Separate Property, Divorce, Principle of Justice.