E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 3, 2024

Legal Protection for Ownership of Joint Property which is the Object of Bank Credit Guarantee: Analysis of Supreme Court Decision No.301/K/Pdt/2020

Author(s): Rahmi Liana, Yusri, Siti Rahmah


Article 35 paragraph (1) and 36 paragraph (1), of the Act No. 1 of 1974 (Marriage Act) stipulates that joint property of husband and wife is property acquired by the husband and wife during the subsistence of the marriage and is disposed of with the consent of both the husband or the wife. All assets can be disposed of. In addition, Article 56(2) of the Marriage Act stipulates that within one year after returning to Indonesia (since the marriage was held abroad), couples must register documents proving their marriage on-site with the Marriage Registry Office. However, in practice, there is a delay in registration of marriages contracted abroad under Supreme Court Decision No.301 K/ Pdt/ 2020. Therefore, this had an impact on the proof of total assets, and after the death of the plaintiff's husband, there were 2 Certificates of Building Use Rights (HGB), which were the plaintiff's rights, through mortgages as security for loans from banks.

Keywords: Legal Protection, Joint Assets, Credit Guarantee

Pages: 79-85

Download Full Article: Click Here