KEABSAHAN HAK JAMINAN ATAS RUMAH PADA PERJANJIAN KREDIT YANG DIKUASAI OLEH SUAMI TANPA PERSETUJUAN ISTRI

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.

JOM Fakultas HukumUniversitas Riau Volume X Edisi 2 Juli-Desember 2023 Page 1
Keywords:Joint Property-Divorce-Guarantee-Crediy