The Implementation Of Grant Of Marriage Properties Distribution Through Conciliation Agreement

Abstract

This paper is the result of empirical legal research aiming at identifying legal issues regarding the discrepancy in the implementation of joint properties distribution in marriage pursuant to Balinese customary law and the practices occurring in society. And in addition, a legal breakthrough exists to set aside court order regarding the distribution of joint assets through legal actions based on a conciliation agreement. It can be understood that this study aims at contributing ideas to the implementation of the distribution of marital joint properties through a conciliation agreement. By applying the statutory approach, case approach and sociological approach, it can be understood that parties whose marriages have been broken up due to divorce can waive court order through a conciliation agreement in marital joint properties in marital joint properties. In the event that there is a struggle over the division of joint properties as a result of the breakup in a marriage due to divorce, based on the results of study and analysis of legal materials it can be understood that the distribution of marital joint properties granted through a conciliation agreement does not necessarily or automatically transfer the object of the grant. However, if what is distributed in the joint property is in the form of land rights, then in order to be able to transfer into being on behalf of each party and moreover to children who are still minor, a deed of grant shall be firstly drawn up by a Land Deed Conveyancer (PPAT).