“The house and the savings came from my work. Do I really have to give half away?” This question comes from wives who work and from husbands who have been the family’s only earner. For many people in Purbalingga and the wider Banyumas Raya region, the property split is harder than the divorce itself.
On 12 May 2026, Indonesia’s Mahkamah Konstitusi (MK, the Constitutional Court) decided two cases that touch this question directly, and rejected both. This article explains what the Court actually decided, whether the equal split is absolute, and what you can still do if your contribution really was larger.
The Basic Rule: Timing Counts, Not Who Earned It
Pasal 35 ayat (1) (Article 35(1)) of UU No. 1 Tahun 1974 (the 1974 Marriage Law) reads: “Property acquired during the marriage becomes joint property.” This harta bersama (joint marital property) is what Indonesians call harta gono-gini. The law does not ask who worked or whose name is on the certificate; what matters is when the property was acquired. Under Pasal 35 ayat (2), harta bawaan (property owned before the marriage) and anything each spouse received as a gift or inheritance stay under that spouse’s control, unless the couple agreed otherwise.
How to divide it is left by Pasal 37 to “their respective law”, which the official elucidation defines as religious law, customary (adat) law and other law. For Muslim couples, the reference is Pasal 97 of the Kompilasi Hukum Islam (KHI, the Compilation of Islamic Law): a divorced wife or husband is each entitled to one half of the joint property, unless the marriage agreement provides otherwise. Muslim couples go to the Pengadilan Agama (Religious Court); non-Muslim couples go to the Pengadilan Negeri (District Court). For the basics, see our general guide to harta gono-gini.
Putusan MK No. 108/PUU-XXIV/2026: The “Contribution” Argument Rejected
The petitioner was a working wife. She argued that the phrase “joint property” in Pasal 35(1) discriminates because it ignores each spouse’s real contribution, so the family’s breadwinner must still share equally with a spouse who neglected their duties. The Court ruled “Menolak permohonan Pemohon untuk seluruhnya” (the petition is rejected in its entirety), on three main grounds:
- Joint property is defined by when it was acquired, not by who produced it. The Court cited the KHI: joint property is acquired “regardless of whose name it is registered in”.
- Pasal 35(1) is what separates joint property from harta bawaan, so it is not discriminatory merely because it does not divide property by earning contribution.
- A couple who want to opt out can make a perjanjian perkawinan (marriage agreement), before or during the marriage (citing Putusan MK No. 69/PUU-XIII/2015), in writing and either ratified by the marriage registrar or made before a notary. See our prenuptial agreement guide.
Putusan MK No. 113/PUU-XXIV/2026: No One-Claim Limit
The same day, the Court ruled on Pasal 86 ayat (1) of UU No. 7 Tahun 1989 (the Religious Courts Law, last amended by UU No. 50 Tahun 2009): claims on children, maintenance and joint property “may be filed together with the divorce suit or after the divorce decision has become final and binding”. The petitioners asked that a joint-property claim be allowed only once. The Court rejected the petition in its entirety, because such a limit would narrow the provision and restrict people’s right to sue.
So you may claim joint property together with the divorce or after it. For a husband filing cerai talak (divorce initiated by the husband), Pasal 66 ayat (5) gives the same choice: with the cerai talak petition, or after the ikrar talak (the husband’s formal pronouncement of divorce in court).
Is the One-Half Split Absolute?
Neither ruling changed anything: Pasal 35(1) still applies and the KHI’s one-half share remains the starting point. In practice, religious-court judges sometimes depart from the one-half split when the evidence shows the property came mainly from one spouse’s contribution or that one spouse neglected their duties, but this is decided case by case, practice is not uniform, and no one can promise it in advance. The MK 108 decision itself records, from the petitioner’s own account, that she had already received the larger share in the religious courts.
If Your Contribution Was Larger
- Separate what is not joint property. Inheritance, gifts and property from before the marriage are not divided. Gather proof of where they came from.
- Collect evidence of contribution: pay slips, bank statements, instalment records, and proof of duties the other spouse neglected.
- Put agreement first. Court cases must go through mediasi (court-annexed mediation) under Perma No. 1 Tahun 2016 (Supreme Court Regulation 1/2016). An agreement can be confirmed by the judge in an akta perdamaian (settlement deed), and the split does not have to be one half each.
- Protect the property during the case. In a divorce suit, the plaintiff can ask the court to secure the joint property (Pasal 78 huruf c UU No. 7 Tahun 1989), known in practice as sita marital (marital attachment).
Practical Steps in Purbalingga
- List the property acquired during the marriage (land, vehicles, accounts, businesses) with the certificate or BPKB (vehicle ownership book) numbers, then set aside harta bawaan, gifts and inheritance.
- Choose the timing: with the divorce suit, or after the divorce decision is final. Muslim couples in Purbalingga generally file at the Pengadilan Agama Purbalingga.
- Prepare the file. Religious courts in Banyumas Raya generally ask for:
- the written claim and a copy of the plaintiff’s KTP (identity card);
- a copy of the buku nikah (marriage book) if filed with the divorce, or of the akta cerai (divorce certificate) if filed afterwards;
- copies of proof of ownership, such as certificates, sale deeds, bank books or BPKB;
- the panjar biaya perkara (advance on court costs), which differs from court to court.
Copies generally need a duty stamp (meterai) and a post-office stamp; check the current list at the court where you file.
- Attend mediation in person, because Perma No. 1 Tahun 2016 requires the parties to attend themselves, with or without a lawyer.
- Consult an advocate before filing, to sort the property and prepare the evidence.
Conclusion
Both Constitutional Court rulings of 12 May 2026 were rejections: Pasal 35(1) still applies, and joint-property claims are not limited to one. For Muslim couples, the starting point remains one half each unless there is a marriage agreement. A spouse who contributed more can still separate harta bawaan, prove their contribution and seek an agreement, but the result depends on the evidence and the judge’s assessment.
If you are in Purbalingga, Banjarnegara, Purwokerto, Banyumas, or Cilacap and facing the division of harta gono-gini, Advokat Luthfi is ready to assist you, from sorting joint and pre-marital property and drafting the claim to mediation at the Pengadilan Agama. Your first consultation is free.