POST-DIVORCE DISTRIBUTION OF COLLECTIVE ASSETS IN INDONESIA VIEWED FROM NATIONAL LAW (STUDY OF CIVIL COURT DECISION NUMBER 2354/PDT.G/2019/PA.PWT)

Abstract

Marriage according to the provisions of Article 1 of Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on God Almighty. Sometimes in a marital relationship there are protracted and irreconcilable disputes and squabbles that end in divorce. The occurrence of divorce has legal consequences, one of which is regarding the distribution of joint property. In this study, the authors conducted research on the Purwokerto Religious Court Decision Number 2354/Pdt.G/2019/PA.Pwt regarding claims for joint property on the assets of PT Mitra Software Online.The main problems and objectives in this study are to analyze the legal considerations of judges in examining, adjudicating and deciding Case Number 2354/Pdt.G/2019/PA.Pwt and analyzing the legal status of PT Mitra Software Onlines assets.Based on the results of this study, it is known that the legal considerations of judges in adjudicating, examining and deciding case Number 2354/Pdt.G/2019/PA.Pwt are based on legal facts that the objects that are claimed in the distribution of joint assets are SHGB Number: 00602 and SHGB Number: 00603 which originally belonged to Welly Bintoro and was bought by PT Software Online, so that the object became an asset owned by PT Software Online. The action of the Defendant in carrying out a sale and purchase transaction of SHGB Number: 00602 and SHGB Number: 00603 was an action for and on behalf of and representing PT Software Online because in his position as the President Director of PT Software Online. The inbreng procedure in PT so that it can be recognized as joint property in the event of a divorce is that the entry of land into the company must be carried out by way of a GMS. Inbreng can be done on movable or immovable property. Inbreng on movable objects including transactions that include non-cash assets such as land from shareholders to be used as company capital. Inbreng against immovable objects including certificates.