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Donna Valentina Yanti
Universitas Pancasila, Jakarta Indonesia
Law, Crime, Criminology & Criminal Justice

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Protecting a Spouse’s Assets or Recovering the Proceeds of Corruption? The Dilemma of Legal Certainty Donna Valentina Yanti; Agus Surono; Zaitun Abdullah
Jurnal Ilmu Hukum Kyadiren Vol 8 No 2 (2027): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924//jihk.v8i2.533

Abstract

Marital agreements regulate the separation of assets between spouses; however, their legal status in corruption cases raises questions about their evidentiary value and their capacity to protect assets from seizure or forfeiture. This study examines the legal status of marital agreements as authentic deeds, identifies the legal criteria for determining asset provenance, third-party good faith, and the nexus between assets and criminal offenses, and analyzes these issues in light of Supreme Court Decision No. 5009 K/Pid.Sus/2025. It also examines notaries’ responsibilities in exercising due diligence and adhering to the principle of prudence. This study employs a normative legal research method using statutory and case-law approaches, with qualitative analysis of legal materials. The findings indicate that the evidentiary force of an authentic deed does not confer absolute immunity from asset seizure or forfeiture. Asset protection depends on the validity of the agreement, the origin of the assets, the parties’ good faith, the connection between the assets and the alleged criminal offense, and the sufficiency of the evidence. Notaries are required to verify supporting documents and draft contractual clauses with due care. Legal certainty therefore requires proportionate evidentiary standards and stronger due diligence requirements within the notarial profession.
Co-Authors Agus Surono Zaitun Abdullah