The Implementation of Marital Property Division Following Divorce in Light of Law No. 16 of 2019 Amending Law No. 1 of 1974 on Marriage at the Solok City Religious Court (Case Study: Decision No. 313/Pdt.G/2020/PA.Slk)

Ideally, a marriage is entered into to form a happy and lasting family. Therefore, in the event of a divorce, the division of marital property should be carried out fairly and proportionally, in accordance with Article 36, paragraph (1) of Law Number 1 of 1974 concerning Marriage, as amended by Law Number 16 of 2019. In reality, however, many divorcing couples do not divide their marital property voluntarily; often, one party sells joint assets without the knowledge or consent of the other. This study examines (1) the implementation of the division of marital property following a divorce at the Solok Religious Court, based on Law Number 16 of 2019, as addressed in Judgment Number 313/Pdt.G/2020/PA.Slk, and (2) the obstacles encountered by the parties involved. This empirical legal study employs interviews with the plaintiff, the defendant, and a judge from the Solok Religious Court. The findings indicate that the plaintiff (S) and the defendant (AY) did not file for execution of the judgment, as they chose to comply with the court’s decision amicably and voluntarily, even though the physical division of assets has not yet been fully completed. A legal obstacle arises from the lack of a legal basis to take further action should the defendant fail to comply with the judgment, given that no formal request for execution was filed. Technical challenges faced by the defendant include assets held as bank collateral, assets sold prior to the filing of the lawsuit, and ambiguities regarding the ownership of property certificates. Meanwhile, challenges faced by the plaintiff include the sale of vehicles before the lawsuit was initiated, the time and costs associated with the legal proceedings, assets held as bank collateral, the incomplete physical division of property, the psychological distress experienced during the court process, and concerns regarding the well-being of their children