Analisa hukum terhadap ketidaksesuaian putusan mahkamah agung nomor 991 k/pdt/2013 terhadap akta perdamaian
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Institusion
Universitas Pelita Harapan
Author
Stevin, Giovantius
Subject
K Law (General)
Datestamp
2021-11-19 08:22:04
Abstract :
Humans are social creatures who always need other people. A man and a woman can bind themselves in a marriage relationship. Law number 1 year 1974 regarding Marriage regulates all aspects of marriage concerning rights and obligation between husband and wife, parents and their children, and their property. A marriage allows a break of relationship, intentionally or unintentionally. The break of marriage can be dissolved by death or divorce. One of the effect from such break of marriage is the division of joint property. In division of joint property, often there are conflicts which each party claiming the shared assets as their own private asset. Such conflict is happened because the parties did not make any prenuptial agreement before they commit into marriage. Conflict in shared assets division can be solved if each party makes a peace in writing form through a settlement. If one of the party does not execute the settlement agreement, it can be tried in court. The court will decide on the matter of the case. But sometime the court decision deviates from what the parties have agreed in the settlement agreement. This thesis analyzing on the applicability of the both principles based on Supreme Court?s Decision Number : 991 K/PDT/2013.
Humans are social creatures who always need other people. A man and a woman can bind themselves in a marriage relationship. Law number 1 year 1974 regarding Marriage regulates all aspects of marriage concerning rights and obligation between husband and wife, parents and their children, and their property. A marriage allows a break of relationship, intentionally or unintentionally. The break of marriage can be dissolved by death or divorce. One of the effect from such break of marriage is the division of joint property. In division of joint property, often there are conflicts which each party claiming the shared assets as their own private asset. Such conflict is happened because the parties did not make any prenuptial agreement before they commit into marriage. Conflict in shared assets division can be solved if each party makes a peace in writing form through a settlement. If one of the party does not execute the settlement agreement, it can be tried in court. The court will decide on the matter of the case. But sometime the court decision deviates from what the parties have agreed in the settlement agreement. This thesis analyzing on the applicability of the both principles based on Supreme Court?s Decision Number : 991 K/PDT/2013.
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