Juridical Analysis of Collective Assets Sharing That Still in Bank Guarantee (Analysis of Mataram Religious Court Decision Number 0337 / Pdt.G / 2017 / PA.Mtr)

Abstract

The purpose of this study is to explain and analyze the status of joint assets that are still under bank guarantee when there is a divorce at the Religious Court and the distribution of joint assets that are still under bank guarantee when the divorce occurs. The research method used is normative legal research method. The approach used is the statutory approach, conceptual approach and case approach. The results of this study, First, the status of joint assets that are still under guarantee at the bank when a divorce occurs at the Religious Court is categorized as joint property as long as the marriage agreement is not specified otherwise. Second, the distribution of joint assets that are still under bank guarantee at the time of the divorce can be divided in half by each receiving a half of the joint assets as long as it is not specified in the marriage agreement and can be resolved through the competent court or through an agreement, if through an agreement it can be done by bearing together with the remaining installments that are still in progress, provide compensation to parties who do not wish to continue credit installments, or by transferring credit (over credit) to third parties.

Keywords: Joint Assets, Bank Guarantee, Credit.

DOI: 10.7176/JLPG/107-05

Publication date:March 31^st 2021