Some time ago, the entertainment world was shocked by the news of the divorce of famous presenter Indra Bekti and his wife, Aldila Jelita. Not long after reportedly recovering from a critical illness, Indra Bekti was sued for divorce by Aldila Jelita on Monday, February 27, 2023. Milano Lubis as Aldila’s attorney confirmed this and said the divorce suit was filed with the South Jakarta Religious Court. On Monday, April 17, 2023, Indra Bekti was officially divorced from his wife after the court granted Aldila’s lawsuit. In addition, the latest news about the fate of Indra Bekti and Aldila’s children and property has also been in the spotlight as a result of the divorce lawsuit. However, before entering the divorce trial, the two apparently already had a mutual agreement regarding child custody. Where Indra Bekti agreed that Aldila would have custody of their two children. While related to gono gini property, Indra Bekti and Aldila agreed to sell the house and divide equally the profits from the sale of these assets. This is because the couple who married in 2010 did not have a marriage agreement or prenuptial agreement. So, what happened to their gono gini or joint property? If these two couples have gono gini property, can Aldila as the plaintiff get gono gini property? Here’s the review.
What is Gono Gini Property?
Gono gini or joint property is property obtained by a married couple together during the period of marriage. Discussions about gono gini issues often become hot in society and seize public attention, especially the mass media in the case of divorce of a public figure or an artist related to disputes about gono gini or joint property. Gono gini property is regulated in Article 35 of Law No. 1 of 1974 concerning Marriage, Article 119 of the Civil Code, and Articles 85 and 86 of the Compilation of Islamic Law (KHI). This arrangement of gono gini property is legally recognized, including in its management, use, and division. The division of gono gini property can be done at the same time as the divorce lawsuit is filed. The plaintiff can bring evidence that the assets were actually obtained during the marriage process. The role of proof of ownership of the gono gini object is the most important thing to convince the judge in this property division case. That means, if the plaintiff does not have proof of the gono gini object, the lawsuit may not be accepted by the court.
How is Gono Gini Property Divided?
Harta gono gini is actually defined as property that has been collected during marriage, so that it becomes the right of the husband and wife. As for what makes the loss of gono gini property is due to the existence of a prenuptial agreement between the two husband and wife. So that in the case of Indra Bekti, Aldila as a wife who sues for divorce can still get gono gini property, in this case the house that was sold. Where in fact the house can still be divided into two which will have two names on the house certificate. However, this may not be comfortable because divorced couples generally prefer to live their own lives. In addition, there are two ways that are quite wise to divide the gono gini property in the form of a house that Indra Bekti and Aldila can do. However, it must be returned again according to the agreement of both parties and their respective financial conditions:
One Party Buys the House
If one spouse still wants the house, he or she can buy it from the other at the agreed price. After that, of course, the house will be reversed. With this mechanism, the house will still be an asset that can later be passed on to children when the party who bought it dies. But this certainly requires a lot of money, considering the price of the house is not cheap.
Giving the House to Their Children
The last option is also considered quite wise and fair, where the assets in the form of this house are immediately transferred to the child after the couple divorces. But can this be done, given that Indra Bekti and Aldila’s children are not yet legally competent? It can still be done, but the consequence is that one of the spouses must still occupy the house until the child grows up, considering that both of their children are still in the phase of depending on their parents. If the house is eventually turned into the children’s name and then not occupied, there will be a risk of damage to the building.
Learning from Indra Bekti’s Case, the Importance of a Prenuptial Agreement
The divorce case between Indra Bekti and Aldila Jelita highlights the importance of pre-marriage agreements, which are usually outlined in a prenuptial agreement. In this case, the two had an agreement regarding child custody and the division of property. Let’s discuss why prenuptial agreements are so important:
Preventing Bigger Disputes
A pre-nuptial agreement is an effective tool to avoid greater conflict in the future. In Indra Bekti and Aldila’s case, an agreement on child custody and property division was made prior to the divorce trial, reducing the likelihood of a longer and more costly fight between the two parties.
Protecting the Rights and Interests of Children
An agreement on child custody in a prenuptial agreement is a wise step that protects the rights and interests of children. In this case, Indra Bekti agreed that Aldila would have custody of their two children. This provides stability and clarity for their children in a situation of parental divorce.
Determining the Division of Property
Prenuptial agreements also play a role in determining the division of property. In Indra Bekti’s case, because they did not have a prenuptial agreement, the gono gini property remains the right of the husband and wife. But if there is a prenuptial agreement beforehand, then the division of property will be clearer and can avoid conflicts that may arise.
Providing a Fair Way Out
A prenuptial agreement gives both partners the opportunity to negotiate a fair and balanced agreement according to their situation and needs, including in terms of property, child custody, and other aspects of their married life.
KH Contact
Every couple wants their marriage to run smoothly and happily. However, making a pre-nuptial agreement is worth considering as an anticipation of conflict over property, if something unwanted should happen in the future. READ ALSO:
Pre-marital agreement, functions, contents, and how to make it
So, to avoid potential conflicts in the future, a prenuptial agreement is a wise step in preparing for the future of marriage. To make it, KH pals can just leave it to Kontrak Hukum. We provide prenuptial agreement drafting services, from drafting to notarization. For ordering information, please visit KH Services – Prenuptial Agreement. Or if you still have questions or consultations about pre-nuptial agreements, you can contact us at Tanya KH and via social media Instagram @kontrakhukum.
