Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Wijaya, William Asby
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
LEGAL CONSEQUENCES FOR CREDITORS DUE TO THE CREATION OF A PRENUPTIAL AGREEMENT CONCERNING ASSETS SEPARATION RELATED TO DEBTOR'S MATERIAL COLLATERAL Wijaya, William Asby; Nurdin, Aad Rusyad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Since the enactment of Constitutional Court Decision Number 69/PUU-XIII/2015, hereinafter referred to as "MK Decision", husbands and wives can make marriage agreements during the marriage period. This Constitutional Court decision has the impact of legal uncertainty for third parties (in this case creditors) regarding the debtor's material guarantees for repayment of the debtor's debts. This research examines the enforceability of the property separation agreement made during the marriage and the legal consequences for creditors of the property separation agreement made regarding the debtor's material collateral. The research methodology used is doctrinal with the research type being descriptive analytical. This research is based on secondary data. Based on the research results, it was found that the property separation agreement made by the Debtor was valid and binding on the Creditors as third parties involved. The legal consequence of making this property separation agreement for creditors is that the contents of the property separation agreement are binding on creditors as third parties involved. Furthermore, the research found regarding efforts that creditors can take to obtain legal protection, such as actio pauliana legal action and carrying out preventive measures
Co-Authors Nurdin, Aad Rusyad