Journal of Law, Poliitic and Humanities
Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities

Analysis of the Criminal Law Implications on the Sale of Marital Property Prior to the Agreement on Joint Property Division in Indonesia

Aswadi (Unknown)
Muhamad Adystia Sunggara (Unknown)



Article Info

Publish Date
14 Feb 2025

Abstract

The application of law regarding the embezzlement of marital property after divorce in Indonesia faces significant challenges. Marital property, regulated under the Civil Code and Law No. 1 of 1974 on Marriage, often becomes a subject of dispute when one party sells it without the consent of the other. This event is not always categorized as a criminal act of embezzlement, leading to legal uncertainty and harming the affected party, particularly women. This study adopts a juridical-normative approach with a descriptive method. Data were collected through literature review and documentation of legislation, legal doctrines, and court decisions. The findings reveal that the application of criminal law to embezzlement of marital property still has significant shortcomings. Although Articles 35 and 36 of Law No. 1 of 1974 regulate joint consent in the use of marital property, criminal sanctions are not consistently enforced. Regulations in the Compilation of Islamic Law (KHI) emphasize the importance of proving the status of the property and the obligations of spouses in division. Legal uncertainty in the application of criminal sanctions for cases of embezzlement of marital property indicates the need for reform. Strengthening the definition of criminal acts and applying a clearer principle of justice are necessary to ensure fair protection of all parties' rights.

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Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...