Kepemilikan Hak Atas Tanah yang Merupakan Harta Bersama

The aims of this research are to analyze the consept of ownership of the land right ownership which constitutes marital property based on the legal regulation on the certificate which mentions the name of the party, and to analyze the legal consequence of the ownership of the land right which contitutes marital property in case in the Land certificate it is stipulated then names of both parties. Government Regulation Number 24 of 1997 concerning Land Registration states that land right can be possessed individually or jointly. It can be owned by more than one person, it can be under the name of a family, two persons not from one descent, and by marriage tie. Land ownership in a marriage tie is called marital property, regulated in article 35, article 36, and article 37 of Act Number 1 of 1974. It can be in a form of a property owned by one of the party and then marged into the marital property as well as the property obtained during the periode of the mariage. To sell such land the husband or the wife must get approval form the spouse. Article 92 of Islamic Law Compilation ( KHI ) stipulates that the husband or wife is not permitted to sell the marital property without the approval of the other party. The problem which often araises with regard to the marital property in a form of land is the fact that the land is registered under the name of the husband or the wife. As long as the couple still live in harmony there will no problem. But when they are divorced, the land is dominated by the party whose name is regitered in the certificate. This problem will not happen if the marital land is registered under the name of the husband and the wife jointly. KEPEMILIKAN HAK ATAS TANAH YANG MERUPAKAN HARTA BERSAMA