KEDUDUKAN JAMINAN HAK TANGGUNGAN YANG DIBUAT TANPA PERSETUJUAN MANTAN ISTRI DALAM PERBANKAN: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 222K/PDT/2017

Abstract

The bank in providing financing or credit to the public has confidence in the ability of the debtor to repay the debt according to the contents of the agreed agreement. One of them is the provision of collateral as collateral by the debtor to the bank as the creditor. The authority related to the granting of Mortgage Rights is stated in article 8 paragraph (1) of the Mortgage Rights Law. If the object of guarantee is in a marriage, then the object of guarantee is said to be joint property so that the object of guarantee belongs to the husband and wife. However, a marriage that is broken up due to divorce will result in the authority related to the joint property. This study aims to determine the rules regarding collateral derived from assets obtained during marriage belonging to a divorced/separated husband and wife. The research method used is the juridical normative research method and the qualitative approach so that it focuses on research related to the application of the rules and norms in positive law which results in legal certainty in the provision of collateral that comes from joint assets obtained during the marriage of a married couple which has ended due to unregulated divorce. in Banking Law.