Sunday, October 31, 2010

Marital Property

Talk about marriage, will always talk about property. Because marriage can not be separated by marital property.
Marital property , in Indonesian Law is known as harta kekayaan dalam perkawinan (syirkah). It is all wealths that got by husband and wife during marriage, together or personally.
Marriage Law number 1 year 1974 and Compilation of Islamic Law divide marital property in:
  • Harta Bawaan (brought property, original property): property that was taken in marriage. It ussually under each side. Example, before marriage a wife bought a car, so the car is included in her harta bawaan. Harta bawaan has some differential terms in some region. Like in Java, it it called gono-gawan. In West Java, barang bawa. In Bali, babaktan.
  • Harta Perolehan (acquisition property): property that got by husband or wife personally after marriage. It ‘s got by special way, like inheritance, or gift that required not includen in communal property.
  • Harta Bersama or harta pencaharian (communal property): property that got the couple during marriage, included benefit, profit of brought property and acqusition property. It is under control husband and wife, together. Example, X has had rice-field, after married the rice-field give some profit. The profit is used to buy a house. So the house is included communal property, although it is benefit of rice-field as brought property. In Java, harta bersama is called gono gini.
The diversification of marital property is very important. It’s connected to inheritance and divorce case. If one of the couple died, example wife, by diversification can be stipulated which goods can be shared. Which wealth can be inherited by husband, by children and other family. Included which property that must be return to clan (remember, Indonesians always obey Adat Law too).
So in divorce case. By classification, esier to stipulate which husband’s property, which the wife’s property. Included which property that must be shared into 2.

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