PELAKSANAAN EKSEKUSI OLEH PENGADILAN AGAMA TERHADAP PUTUSAN HAKIM MENGENAI HARTA BERSAMA (STUDI DI PENGADILAN AGAMA BENGKALIS)

Abstract

The problem that occurs when the divorce occurs is that one of the parties
does not get his rights from the assets that were obtained together during the
marriage period as in the Bengkalis Religious Court Decision Number 0613 /
Pdt.G / 2017 / PA.Bkls and Pekanbaru High Religious Court Decision No. 20 /
Pdt.G / 2019 / PTA.Pbr. The author's interest in taking this title is that the sharing
of collective assets needs to be based on aspects of justice for all parties involved.
However, not all executions can run smoothly, for example the defendant had bad
faith while the trial process was still running, namely transferring the disputed
property to a third party.
This type of research can be classified in the type of sociological legal
research (empirical), because in this study the author directly conducted research
at the location or place being studied in order to provide a complete and clear
picture of the problem under study. This research was conducted on JalanJend.
Sudirman No. 198, Tangkerang Tengah, MarpoyanDamai District, Pekanbaru
City, Riau. While the population and samples are Pekanbaru Religious High
Court Judges, Attorneys / Lawyers and Parties in litigation. The data sources
used are primary data and secondary data. Data collection techniques in this
study were interviews, questionnaires, and literature review.
The conclusions that can be obtained from the results of the research are
First, the basis for the judge in deciding the case for the distribution of joint
assets is correct by considering the facts in the trial and the judges'
considerations and has fulfilled the sense of justice. The judge in determining
joint assets after divorce in the religious court based on decisions is regarding the
portion of the distribution of joint assets in the Religious Court. Second, the
execution by the Religious High Court of the judge's decision regarding joint
assets based on the Bengkalis Religious Court Decision No 20 / Pdt.G / 2019 /
PTA.Pbr yet executable. and Third, there are several obstacles in the execution of
the distribution of joint assets at the Pekanbaru Religious High Court, which
consists of the costs borne by the executioner, the execution officer personnel and
the resistance of the execution respondent.
Keywords: Execution, Judge's Decision, Joint Assets