Abstract
The purpose of this study is to explain and analyze the status of joint assets that are still under bank guarantee when there is a divorce at the Religious Court and the distribution of joint assets that are still under bank guarantee when the divorce occurs. The research method used is normative legal research method. The approach used is the statutory approach, conceptual approach and case approach. The results of this study, First, the status of joint assets that are still under guarantee at the bank when a divorce occurs at the Religious Court is categorized as joint property as long as the marriage agreement is not specified otherwise. Second, the distribution of joint assets that are still under bank guarantee at the time of the divorce can be divided in half by each receiving a half of the joint assets as long as it is not specified in the marriage agreement and can be resolved through the competent court or through an agreement, if through an agreement it can be done by bearing together with the remaining installments that are still in progress, provide compensation to parties who do not wish to continue credit installments, or by transferring credit (over credit) to third parties. Keywords: Joint Assets, Bank Guarantee, Credit. DOI: 10.7176/JLPG/107-05 Publication date: March 31 st 2021
Highlights
When divorced, a common problem is co-ownership
The results of this study, First, the status of joint assets that are still under guarantee at the bank when a divorce occurs at the Religious Court is categorized as joint property as long as the marriage agreement is not specified otherwise
The distribution of joint assets that are still under bank guarantee at the time of the divorce can be divided in half by each receiving a half of the joint assets as long as it is not specified in the marriage agreement and can be resolved through the competent court or through an agreement, if through an agreement it can be done by bearing together with the remaining installments that are still in progress, provide compensation to parties who do not wish to continue credit installments, or by transferring credit to third parties
Summary
Many Indonesians believe that property in marriage automatically becomes a collective asset. This understanding is based on the assumption that by signing the marriage contract, the husband and wife are united in all aspects, including the issue of joint ownership. The thing that most often happens in Indonesian society, who is currently mostly Muslim, is after the divorce incident, regarding spouses or sharing of joint assets between divorced husbands and wives. It often happens that husbands and wives cannot see which inheritance is inherited, so what resolves disputes in settling disputes over joint assets is problems related to trade payables, one of which is the assets. Whether the assets that are still in credit are included in joint assets or not. In matters relating to joint assets, there is an opinion among the Panel of Judges in deciding cases of joint assets
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