Legal Resolution of Joint Property Still Pledged As Collateral in Divorce Cases

Abstract

The purpose of this study is to analyze the status and position of joint property still pledged as collateral in divorce cases and to analyze the basis of judges' considerations in deciding joint property disputes during divorce. This research employs normative legal research methods. The approaches used are the conceptual approach, the statutory approach, and the case approach. The legal materials utilized include primary and secondary legal sources, collected through library research techniques such as legislation, books, and other scientific works. All obtained legal materials were then analyzed using qualitative analysis techniques. The results of the study indicate that joint property used as collateral remains joint property even after a divorce; therefore, the rights and obligations remain attached to both parties and cannot be divided or transferred without the creditor's consent during the term of the credit agreement. The judges' considerations in several decisions essentially emphasize the certainty of the legal status of property acquired during marriage, the application of laws and regulations, including Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, as well as facts presented in court. Furthermore, judges may ratify settlement agreements between the parties, provided they are entered into voluntarily and do not contravene the law or the principles of justice.