Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

LEGAL CONSEQUENCES FOR CREDITORS DUE TO THE CREATION OF A PRENUPTIAL AGREEMENT CONCERNING ASSETS SEPARATION RELATED TO DEBTOR'S MATERIAL COLLATERAL

Wijaya, William Asby (Unknown)
Nurdin, Aad Rusyad (Unknown)



Article Info

Publish Date
20 Dec 2024

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

Copyrights © 2024






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...