CD Skripsi

Keabsahan Hak Jaminan Atas Rumah Pada Perjanjian Kredit Yang Dikuasai Oleh Suami Tanpa Persetujuan Istri

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ABSTRACT
Marriage in Islam is also called marriage, is a relationship of a sacred bond between a man and a woman, which means worship to Allah, to follow the sunnah of the apostle and is carried out on responsibility, sincerity and following the provisions of the law which is a close relationship. between a man and a woman who have fulfilled the conditions of marriage. The purpose of marriage according to Law Number 1 of 1974 concerning marriage is that marriage aims to form a happy and eternal family based on Belief in the One and Only God, besides that the institution of marriage also aims to form male and female humans in a household life, live life together, ensuring the maintenance of human resources. One of the legal consequences of marriage is not only directed at the husband and wife, but also regarding the assets owned by the husband and wife. Indonesian marriage law stipulates that assets acquired during the marriage period are referred to as joint assets.
The purpose of this study was to determine the legitimacy of the house as joint property between husband and wife controlled unilaterally by the husband and to determine the distribution of shared assets equally between husband and wife. This type of research uses the sociological method. The research location is the Pekanbaru Religious Court. The data collection technique is to use primary data as the main material obtained directly in the field, namely interviews, but also supported by secondary data, namely library materials.
The results of the research on the validity of the guarantee rights over the house in the credit agreement that is controlled by the husband without the wife's consent is that there are 10 cases filed by the wife related to joint property. The reason for a wife to file a joint property lawsuit is because the joint property was obtained when they entered into a marriage and felt entitled and obliged to share the property fairly. One of the cases raised was case No. 123/Pdt.G/2019/PA.Pbr, in which case a wife made an effort to distribute joint assets to be divided fairly, namely a plot of land covering an area of 660M2 and building 1 unit of a 2-storey house. This effort was made on the basis of the defendant's concern that they would lose, embezzle or transfer the joint property.
Keywords : Joint Property- Divorce- Guarantee- Credit

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1609123273

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum PERDATA BISNIS., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1609123273

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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