Protection of Husband and Wife Rights in Islamic Marriage Education: A Study on Community Property

Abstract

This study examines the protection of husband and wife's rights over land assets categorized as joint property in marriage. Joint property is a legal consequence of marriage that must be managed based on the principle of mutual consent, as regulated in Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 concerning Marriage. In practice, violations of this principle often occur, for example when one spouse unilaterally sells or transfers land rights without the consent of the other, which may lead to legal disputes. This research employs a normative juridical approach with qualitative analysis, through the study of statutory regulations, legal doctrines, and court decisions, including the Supreme Court Decision Number 322 K/Sip/1971 and the Constitutional Court Decision Number 69/PUU-XIII/2015. The results show that although the regulations provide a legal basis for protecting the rights of spouses, their implementation in practice still encounters obstacles, such as the lack of public awareness and inconsistencies in land administration practices. Therefore, it is necessary to strengthen the role of notaries/land deed officials (PPAT) in ensuring the consent of both parties in every land transaction, as well as to enhance public legal awareness. This research is expected to contribute academically to the development of family law and agrarian law studies, while also offering practical solutions to strengthen legal protection of joint property in marriage.