Abstract:

The purpose of this research is to study juridically regarding the division of joint assets both before and after the decision of the constitutional court no. 69/puu-xiii/2015. This paper uses normative legal research. The results of this study show that joint property arrangements before the Constitutional Court Decision No.69/PUU-XIII/2015 used the Marriage Law as a legal basis, where joint assets are regulated in article 35 paragraph (1) that assets acquired during marriage become joint property. Likewise with marriage agreements that must be made before the marriage takes place and or can be made in the form of an authentic deed in front of a notary, because there is no marriage agreement made before the marriage is carried out, then all the assets of the husband and wife, the mixing of this marriage agreement has been determined in the regulations laws and regulations as long as they do not violate the social order and general order prevailing in society. Implementation of the division of joint assets after the Constitutional Court Decision No. 69/PUU-XIII/2015 during the marriage period and after the divorce, where before or in progress of the marriage, may also be made after the marriage is carried out or while in a marital relationship it is permissible to make a marriage agreement. So when in the future there is a legal event in the form of divorce, there will be a separation of joint assets.

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