Property Division upon Divorce and Household Decisions

Huang, Yu‐Ting; Pantano, Juan; Ye, Han; Yi, Junjian

doi:10.3368/jhr.58.4.0519-10243r3

Cited by 4 publications

(1 citation statement)

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“…The form of consequences that are the main background to initiating full attention in meeting the needs of children's rights in general must be clarified by concrete actions (Huang et al, 2021), formulating rules or having regulations to give force to international law regarding the issue of children and their rights, amending and refining and reconceptualizing the regulation of international law when it is no longer relevant for the interests of children, and future needs by forming new rules and norms of international law in order to create interests and protection for children's rights (Abella & Plant, 2021), this is part of the efforts made by states through court decisions to create new legal rules to realize the protection of children's rights.…”

Section: Resultsmentioning

confidence: 99%

Marriage Law in Religious Court: Regulation and Decision on Marital Property in Sustainable Legal Development

Jambunanda,

Fakhriah,

Supriyatni

et al. 2023

J. of Law and Sust. Develop.

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Objective: The issue of divorce cases in family court has implications, resulting in the division of marital property. The object of the dispute is the house that wants to be divided equally. The case was in court decision No.205/Pdt.G/2016/PA.Ab for first instance, until the appeal process No.01/Pdt.G/2017/PTA.Ab second instance, and Supreme Court No.159K/Ag./2018 third instance and final decision at fourth instance namely review No.6PK/Ag./2019. The difference from all court decisions in the same case is due to avoid discrimination on children's rights. Methods: Qualitative research by using case approach in marriage law concerning marital property, specifically discussing some of the cases and decisions mentioned above, as well as obtaining decisions from related courts that may be reviewed and some supported from the results of religious court reports, although there are some parts of the judgment that are not published on the basis of court secrecy that maintains the privacy of the litigant community Results: The courts of first and second instance determine and divide the objects normatively by 50% presentation, but the courts of third and fourth instance are different and opposite, and in the final judgment, the objects of dispute are suspended and not distributed. Conclusion: The judge's judgment in the case ignored the rights of children who were still young children. If the object of dispute is divided by 50% presentation, the object must be auctioned and sold and the proceeds divided in half, but the litigant has no other place to live to protect the child and will ignore the child who does not have another house to live for the child. So, the judge does not distribute the object until the child is an adult, restoring the right to the child who was neglected after the divorce.

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Section: Resultsmentioning

confidence: 99%