PELAKSANAAN PEMBAGIAN HARTA BERSAMA AKIBAT PERCERAIAN PADA MASYARAKAT KECAMATAN SUNGAI TABUK KABUPATEN BANJAR

The Purpose of this study was to determine the implementation of the division of community property due to divorce on society of Sungai Tabuk Kabupaten Banjar in the review of adat law. In addition to knowing the process of execution of the division matrimonial property as a result of divorce on society of Sungai Tabuk Kabupaten Banjar in terms of adat law. This was a sociological juridical research, which a legal study examining the law as social phenomenon or rules. The main data of this research is primary data directly gathered from research subjects. To complete the primary data, literature study was also carried out. Sample collection techniques in this study was purposive sampling. Subjects comprised 10 (ten) respondent consisting of 5 (five) the ex-husbands(the man), 5 (five) people�s ex-wifes. In addition, there are sources that support the reaserch data by providing information on the problem under study. Informant consists of office workers Martapura Religious Court, officials of Sungai Tabuk District, family and those who know the division of community property. The data obtained and analyzed using a qualitative approach and is directed to a conclusion through logic indukatif. The results showed, 1. The causes of divorce in the Tabuk River District is the economic factor, the factor of infidelity, domicile issues, have no offspring, and moral crisis . 2. People of the District of Sungai Tabuk the Muslim majority to divorce and division of community property, solve their problems through the village head's office. They considered that the settlement in a family is the best way for both partners to litigants. Setting post-divorce division of property is already contained in the Compilation of Islamic Law actually adopted from customary practice banjar itself. With the procedure according to the division of property along the Compilation of Islamic Law, they have a clear benchmark of the division of community property, because in conventional Islam does not exist on the concept of community property