ANALISIS HUKUM PEMBATALAN AKTA JUAL BELI YANG TIDAK MENDAPAT PERSETUJUAN PASANGAN DALAM PERKAWINAN
Daftar Isi:
- Provisions of Article 36 Paragraph (1) of Law Number 1 Year 1974 concerning Marriage (Marriage Law) and Article 92 Compilation of Islamic Law states that regarding joint assets, husband and wife can make an agreement of both parties, and husband or wife without the agreement of another party may not sell/move joint assets. This type of research is normative, with the source of the legal material used in this study is secondary data collected through library research, with deductive conclusions. The results of this study are, the legal basis for the cancellation of the sale and purchase deed in which the object is joint assets made without the consent of the married couple is : first, the provisions of Article 36 paragraph (1) of the Marriage Law which states that the husband or wife perform legal actions based on the agreement of both parties; second, the provisions of Article 51 paragraph (1) of Law Number 39 of 1999 concerning Human Rights, means (can be interpreted) the right to manage joint assets in marriage is husband and wife, so that one party can not leave the other party to do legal actions on joint assets in marriage, because of their balanced position; third, the provisions of Article 1320 of the Civil Code, that if the legal conditions of the agreement fulfill a reason that is lawful and meets the provisions of the law is not fulfilled, then the agreement is null and void. Married partner who is harmed based on the provisions of Article 1320 of the Civil Code can sue the sale and purchase deed null and void through a civil claim to the District Court based on alleged Acts against the Law as stipulated in Article 1365 of the Civil Code. The responsibility of the Notary for the sale and purchase deed made without the consent of the marriage partner is that criminal liability can be requested based on the provisions of Article 263 paragraph (1) of the Criminal Code concerning forgery with a criminal threat for a period of six years.