Perbuatan Melawan Hukum Dalam Pengalihan Harta Bersama Dalam Perkawinan

Ahmad Jamal Sebayang (Universitas Islam Sumatera Utara)

Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat
Vol 17, No 3 (2018): Edisi Mei 2018

AbstractEvery transfer of rights to shared property should obtain the consent of parties, both husband and wife. This situation creates a problem, that is, how the legal provisions on the transfer of common property in marriage according to law are.Sharing of common property according to Article 35 paragraph (1) of Law No.1 of 1974, husband or wife may act upon both parties’ consent. Therefore, if one of the parties grants the shared property, he should ask for his wife’s agreement first. The transfer of common property falls into the category of unlawful act when the act is done without his wife’s agreement. Keywords: violation of law, shared property, marriage