Pegadaian Harta Bersama Tanpa Sepengetahuan Suami, Ditinjau Dari Undang-Undang No 1 Tahun 1974 Tentang Perkawinan

Vebrinaldi, Ade (2022) Pegadaian Harta Bersama Tanpa Sepengetahuan Suami, Ditinjau Dari Undang-Undang No 1 Tahun 1974 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

Text 171010284.pdf - Submitted Version Restricted to Repository staff only Download (712kB) | Request a copy

Abstract

According to Article 1 of the Marriage Law, marriage is an outer and inner bond between a man and a woman as husband and wife with the aim of forming a family (household)., is a shared responsibility and right. Legal action against movable property which is part of joint property to be used as collateral for debt repayment in the form of Pawn must be based on the mutual consent of the husband and wife, and the absence of such agreement results in the legal action being null and void because the conditions are not fulfilled. agreement as stipulated in Article 1320 of the Civil Code There are two main problems in this study, namely how are the legal provisions for the pawning of joint assets by the wife without being noticed by the husband when viewed from Law No. 1 of 1974 and the legal impact that will occur if the pawn agreement on joint assets is carried out without the knowledge of one of the parties. party. This study uses a sociological legal research method (empirical) or observational (observational research) which is descriptive analytical, while the data collection tool in this research is through interviews and observations relating to interviews with the Head of the Pawnshop Office, the Husband and Wife as my respondents.. Civil Code (colonial product), and until now there is no legislation regarding the implementation of Pawn which is a product of the Government of Indonesia, other than only the rules regarding pawnshops, and therefore, in order to ensure legal certainty in the implementation of pawning, especially related to As a pledge against joint assets, the government should be able to issue laws and regulations to make it better.

Actions (login required)

View Item