Legal Protection for Wives in the Division of Joint Assets Following the Husband's Bankruptcy

Abstract

This research is motivated by the lack of public understanding regarding marriage agreements that regulate the separation of assets, especially for couples related to reciprocal agreements between creditors and debtors. Many debtors who are married do not have a separation of assets agreement, so that when bankruptcy occurs, assets in the marriage can be affected. Bankruptcy can be caused by various factors, both from individual and business aspects. Based on the decision of the commercial court, bankruptcy status has legal consequences, including for joint assets in marriage. The problem arises because the marriage legal system in Indonesia basically adheres to the concept of joint assets, unless the couple has made a separation of assets agreement before marriage through a prenuptial agreement. This study aims to analyze the legal implications of bankruptcy decisions on husband and wife assets and examine legal protection for couples who do not have a separation of assets agreement. The research method used is normative juridical with a statutory approach and case studies of court decisions. The results of the study indicate that without a separation of assets agreement, joint assets in marriage can be confiscated to settle the debts of bankrupt debtors. However, the Constitutional Court through Decision No. 69/PUU-XIII/2015 has revised Article 29 of the Marriage Law, which now allows for separation of property agreements to be made after the marriage has taken place. This change provides more protection for married couples in facing financial risks due to bankruptcy.