Juridical Analysis of the Position of Joint Property After Divorce (A Study in Review of National Law and Customary Law in Timor Tetun Tribe)

Marriage is a bond between two men and women to form a family and be recognized as legitimate by society. Marriage can be carried out religiously, customarily, and stately. However, a marriage that does not run harmoniously can lead to divorce. As a result of this divorce, the property owned by the married couple must be separated, there are several options for the legal system to divide the property during the marriage including using the Marriage Law, the Civil Code, the Compilation of Islamic Law and the customary law system adopted by the community. This study aims to compare common property after divorce according to national law and customary law in the Timor Tetun tribe. Based on this, the purpose of this study is to find out the arrangement of joint property according to national law and customary law in the Timor Tetun tribe after the occurrence of divorce, the form of joint property according to national law and customary law, and dispute resolution.