PENYELESAIAN SENGKETA HARTA BERSAMA YANG DI PERJUALBELIKAN SECARA SEPIHAK (KASUS PUTUSAN NOMOR 80/Pdt.G/2019/PA.MORTB)

Abstrak

Joint assets are assets acquired or acquired during the marriage. Husband and wife have the same position on joint assets, they are not allowed to sell, transfer or mix assets without the knowledge of the wife or husband, regarding all forms of transfer of joint assets has been regulated in the provisions of Article 36 paragraph (1) of Law Number 1 Year 1974 concerning Marriage which states "regarding joint property, husband or wife can act with the consent of both parties". The problem in this study is that husband and wife both sell joint property unilaterally without the consent of both parties, namely husband or wife. The purpose of this study is to determine the arrangements regarding joint property and settlement of disputes over joint property which if traded unilaterally. The type of research method is normative research using a case approach, examining cases related to the issues at hand that have become court decisions that have permanent legal force. The results of this study refer to the arrangement of joint assets whose marriage is a married couple who are Muslim, then it is regulated in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. So the settlement of disputes over joint property which is traded unilaterally in this case as in the judge's decision that joint property which is traded unilaterally the joint property is divided into two between the ex-husband and ex-wife. In Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, it does not regulate the consequences or settlement of joint assets which are traded unilaterally so that there are still weaknesses or legal uncertainties.