Konsekuensi Yuridis Dari Ketiadaan Akta Cerai Akibat Perkawinan Kedua Atau Lebih Terhadap Pembuktian Status Harta Bawaan

Abstract

The purpose of this paper is to analyze the juridical consequences of the withdrawal requirement of divorce certificate required by the Office of Religious Affairs as a requirement for divorced parties to resume marriage, in view of the proof of ownership status of loot. The type of research is normative conducted by examining the legal materials. The authority of the Office of Religious Affairs to enforce the requirements for the withdrawal of a divorce certificate and its decision for a divorced couple to re-establish a marriage has made it difficult to prove a marital status as a widower upon acquisition of property / property. It affects the absence of clarity and certainty whether the property belongs to the classification of luggage acquired after the occurrence of perceraiaan and before the second marriage takes place / more, or indeed the property is a treasure gono gini obtained from the previous marriage that has not been divided after the occurrence of perceraiaan. The Decision of the District Court of Surakarta Number 20/pdt.G/2013/PN. Ska is an example of the consequence of a conflict of law due to the absence of a deed of perceraiaan and its verdict, as evidence that guides the status of ownership of property owned by a person, determines those parties who have property rights with such property and are obliged to be asked for approval, when the property will be encumbered with a certain legal act, either transferred by way of sale, pledge or limited to lease.