Understanding the division of marital property after divorce in Indonesia helps you protect your rights and avoid legal disputes. When a couple divorces without a prenuptial agreement, the law treats all assets obtained during the marriage as joint property (harta gono-gini). Each spouse has an equal share unless strong evidence shows otherwise.
What Counts as Marital Property in Indonesia
Indonesian law states that any asset acquired during the marriage becomes joint property, regardless of who purchased it or whose name appears on the certificate. As long as the marriage is active when the asset is obtained, the law considers it marital property.
Examples include:
- Houses, apartments, or land purchased after the wedding
- Cars or motorcycles under either spouse’s name
- Savings, deposits, investments, and business profits
Difference Between Separate Property and Marital Property
Some assets do not fall under joint ownership. To help you understand the distinction, see the comparison below:
| Criteria | Separate Property | Marital Property |
|---|---|---|
| Time acquired | Before marriage | During marriage |
| Source | Gift or inheritance | Joint income or purchase |
| Ownership status | Belongs to one spouse | Belongs to both spouses |
A gift or inheritance remains personal property when the spouse can prove its origin through valid documents.
Legal Basis for Property Division After Divorce
Several statutes regulate how courts divide marital assets:
- Article 35(1) of Law No. 1/1974: Assets obtained during marriage belong to both spouses.
- Article 128 of the Civil Code: Joint assets must be divided equally.
- Article 97 of the Compilation of Islamic Law: Each spouse receives half of the marital property.
- Supreme Court Decision No. 1448 K/Sip/1974: Confirms equal division as the default rule.
These legal foundations guide courts when deciding which assets fall under joint ownership.
Types of Property That Courts Commonly Divide
1. Immovable Property
Houses, shops, apartments, land, and other structures.
2. Movable Property
Vehicles, jewelry, bank accounts, shares, deposits, insurance, and investment portfolios.
3. Debt
Courts may treat debts created during the marriage as joint obligations. The judge will decide based on the evidence and the purpose of the debt.
Does Every Asset Get Divided Equally?
Not always. Although the law uses a 50/50 principle, the judge reviews several factors. The court checks whether the asset qualifies as marital property and whether the claimant can prove ownership. Because property division falls under civil claims, the spouse who files the lawsuit must support the claim with valid documents.
How to Divide Marital Property After Divorce
1. Private Agreement Between Spouses
Many couples choose an amicable settlement. A private written agreement usually includes:
- A complete list of assets and debts
- Agreed ownership percentages
- Terms for selling or transferring property
- Responsibility for marital debt
This agreement becomes legally binding under Article 1338 of the Civil Code.
2. Filing a Lawsuit in Court
When both parties cannot reach an agreement, a lawsuit becomes necessary.
- Religious Court handles Muslim couples.
- District Court handles non-Muslim couples.
Courts normally divide assets equally unless a valid agreement states otherwise. During the trial, each party must present documents, witness statements, and supporting evidence.
Important Considerations in Court
1. Non-Marital Property
Assets acquired before marriage or received as gifts remain personal property.
2. Assets Purchased on Credit
Mortgaged properties (such as KPR houses) cannot be divided until paid off completely. This rule appears in SEMA No. 3/2018.
3. Clear Proof of Ownership
Courts require land certificates, vehicle registrations (STNK/BPKB), or bank statements. Without proof, the court may reject the claim.
4. Prenuptial Agreement
If the couple created a valid prenuptial agreement, the court follows its terms.
5. Type of Court Matters
- Religious Court: Property claims can be combined with the divorce case.
- District Court: Property claims must be submitted in a separate lawsuit.
Legal Keluarga: Professional Support for Asset Division
Legal Keluarga helps clients handle the division of marital property after divorce. Our services include:
- Drafting asset settlement agreements
- Filing property division claims
- Court representation in Religious and District Courts
Contact Legal Keluarga
📞 WhatsApp: 0813-8968-6009
📧 Email: klien@legalkeluarga.id
🌐 Website: legalkeluarga.id
Legal Keluarga provides clear guidance to help you secure your rights during asset division after divorce.
