The author who is a divorce lawyer in Bali will share experiences related to legal considerations in cases of distribution of marital property after divorce.
When the lawsuit for the distribution of marital property has been rolled out in court. So the first trial was to examine whether the Plaintiffs and Defendants were present at the trial or appointed a lawyer/lawyer.
Then according to the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court, mediation efforts (peace efforts) will be taken by appointing a Mediator, to then produce a Mediator Report stating whether the peace effort was successful or not.
If the mediation is unsuccessful/failed, then the case is continued with the reading of the lawsuit for the distribution of marital property by the Plaintiff.
Followed by the Defendants filed exceptions and answers. This was followed by the reading of the Replic by the Plaintiff and the Duplication by the Defendant.
After the answer and answer process is complete, it is continued with the examination of the evidence from the parties as well as the examination of witnesses and experts by the parties.
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Then the Panel of Judges conducts a local examination of the object argued by the Plaintiff in the form of land and/or buildings in which the case for the distribution of marital property, which is fully contained in the minutes of the trial and becomes an integral part of the Judge’s Decision.
Local examination of the object argued by the Plaintiff, regarding the boundaries, area, and location of the object of dispute, whether it has been recognized by the Plaintiff and Defendant in accordance with what is contained in the certificate.
When the proof of letters and witnesses is complete, as well as the local examination has been completed, the Plaintiff and Defendant will continue to submit conclusions.
At the exception stage by the Defendant, when it has entered the subject matter of the case, because to be able to find out the exception intended by the Defendant, the Defendant must examine the evidence in the form of documentary evidence submitted by both parties, so that because it includes the subject matter of the case, it is based on the provisions of Article 159 R. Mr. Jo. Article 162 R.Bg Jo. Decision of the Supreme Court of the Republic of Indonesia Number: 1340/K/Sip/1971 dated September 13, 1972, the Defendant’s exception was declared rejected.
In the main case, the Panel of Judges will generally consider whether the object of the dispute argued by the Plaintiff is joint property obtained during the marriage period? If the object of the dispute is purchased or obtained during the marriage period between the Plaintiff and the Defendant, then the object of the dispute becomes joint property.
During the marriage period, the assets obtained from both the husband and the wife have become one unit and merged into joint property, so that the assets obtained during the marriage period (the object of the dispute) are due to the contribution or contribution of each party. Thus, the Plaintiff is entitled to receive (half) of the total object of the dispute.
According to Article 37 of Law Number 1 of 1974 concerning Marriage, regarding joint property, because the position of husband and wife is balanced, the joint property must be divided into two, namely (half) part for ex-wife and (half) other part for ex husband. The marital property can be in the form of assets (receivables) or liabilities (debts), which are the responsibility according to the type of marital property.