STATUS KEPEMILIKAN “SESAN” PASCA PERCERAIAN DALAM HUKUM ADAT LAMPUNG

Muhammad Rafly Ramadhan, NIM.: 19103040101 (2023) STATUS KEPEMILIKAN “SESAN” PASCA PERCERAIAN DALAM HUKUM ADAT LAMPUNG. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

A person in his life certainly wants to carry out a marriage once in his lifetime, in the event of a divorce (divorce live) this status of ownership of the sesan makes a dispute between the husband and wife about who should have a sesan so that it has a negative impact on one of the parties who should be entitled to the sesan. Likewise, the status of sesan ownership resulting from the breakup of the marriage due to the death of one of the parties (divorce dies). So that the assessment and analysis in this study aims to see how the status of sesan ownership after divorce occurs in lampung customary law and the Review of the Marriage Law regarding the status of post-divorce sesan ownership in lampung custom. This research is a descriptive field research. The approach used in this study is juridical-empirical. The data collection method was carried out through interviews and literature studies with Lampung traditional figures. The analysis that will be used by the compilers in this study is qualitative data analysis. Data processing in the form of interview results is processed through word form to produce answers and conclusions to this research. The results of this study show that the status of sesan ownership is still multi-interpretation because there is no uniformity of views regarding the status of sesan ownership after divorce in the Lampung custom. However, by and large, the status of the sesan ownership depends on the agreement of both parties involved in the divorce. Meanwhile, in the case of divorce caused by death (dead divorce) the ownership of the sesan depends on who is still alive and who dies. In accordance with the positive law in force in Indonesia, the determination of sesan can be in the form of joint property or inherited property depending on the source of acquisition, the process of giving it, the time and procedures, and the purpose of giving.

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