Pembagian Harta Bersama yang Dikuasai Pihak Ketiga Sebagai Jaminan Pelunasan Hutang Studi Kasus Nomor 13/Pdt.G/2018/PTA.Pbr

Musalimam, Musalimam (2020) Pembagian Harta Bersama yang Dikuasai Pihak Ketiga Sebagai Jaminan Pelunasan Hutang Studi Kasus Nomor 13/Pdt.G/2018/PTA.Pbr. Other thesis, Universitas Islam Riau.

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Abstract

One of the legal consequences of a marriage is not only concerned with the husband and wife, but also regarding the assets owned by both husband and wife, namely regarding the sharing of assets together. The distribution of joint assets often results in disputes that lead to lawsuits such as cases of claims for sharing of joint assets held by third parties as collateral for debt repayment at the appeal level, with Decision Number 13 / Pdt.G / 2018 / PTA.Pbr. The formulation of the problem in this research is how is the procedure for settling the distribution of joint assets which is used as collateral to pay off debts to third parties in case Number 13 / Pdt.G / 2018 / PTA.Pbr and what is the legal position of joint assets that are still under collateral for debt repayment. The research method used in this research is normative legal research, namely research on legal principles, legal comparisons by reviewing the case file Number 13 / Pdt.G / 2018 / PTA.Pbr and discussing it with reading material obtained from various sources. From the results of the research conducted by the author, it is known that the procedure for settling the sharing of joint assets which is used as a guarantee for repayment of debts to third parties in case Number 13 / Pdt.G / 2018 / PTA.Pbr is by dividing the two joint assets by dividing equally as much, respectively. -Each receives ½ (half) share for the Plaintiffs of the Convention and ½ (half) for the Defendants of the Convention, if it cannot be shared in kind, then it is submitted to the State Auction Office for sale and the proceeds from the sale are divided by each party to get ½ (half ) part, even though the Defendant of the Convention declares the assets not as joint assets, because said assets have been transferred to other parties because the Defendant of the Convention has debts that cannot be paid The legal position of joint property that is still under guarantee for repayment of debt cannot be used as an object of ownership dispute, or an object in the peace deed between the plaintiff and the defendant without involving the guarantee right holder. Even though the panel of judges stated that the lawsuit was declared unacceptable (Niet Onvankelijk), the consideration of the refusal of the lawsuit is not correct, the basis for the claim should not be accepted for the assets / business capital of the game store and the game of children taking a ball and water cart located on a piece of land and a permanent building because it is in its position as collateral for repayment of the debt, not because does not explain clearly and in detail about the form, type and characteristics of the game store business capital / assets.

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