Legal Protection for Creditors in Money Loans Agreement Lending with Constitutional Court's Decision No. 69 / PUU-XIII / 2015


  •  Daniel Hendrawan    
  •  Christian Andersen    
  •  Theodora Novia Tjasa    

Abstract

In Indonesia, the Marriage Agreement has long been valid and regulated in the legislation in Law Number 1 of 1974 concerning Marriage. Marriage Agreement regulates marriage property. In Article 29 paragraph (1) Law Number 1 Year 1974 concerning Marriage stipulates that marriage agreements must be made before the marriage takes place, but in 2015 the Constitutional Court issued Decision Number 69 / PUU-XIII / 2015 concerning changes to Article 29 paragraph (1), paragraph (3), and paragraph (4) of Law Number 1 of 1974 concerning Marriage which states that the Marriage Agreement can be made before, at the time of, and after the marriage takes place. The Constitutional Court ruling raises questions from various parties about how the legal consequences of the Marriage Agreement made after the marriage took place and what legal protection can be given to third parties on the Marriage Agreement which was made after the marriage took place.

This study uses a normative juridical research method that is descriptive analytical based on the merging of primary, secondary and tertiary data acquisition. The results of this study indicate that the legal consequences of the Marriage Agreement made after the marriage took place will have legal consequences for the parties themselves, assets, and also for third parties. Legal protection that can be given to creditors is to pay attention to the element of good faith in each loan agreement making so that creditors will be protected by themselves, if one of the parties making the loan agreement has bad faith, the loan agreement will automatically be canceled law because it does not meet the objective requirements.

The author's hope for this research is that the government can provide further regulation regarding the Constitutional Court Decision Number 69 / PUU-XIII / 2015 so that the public gets legal certainty in the implementation of the Decision and for the community the writer recommends restraint in carrying out the Decision until the regulation further from the government. Finally, the authors hope that this research can benefit the world of legal development in Indonesia.



This work is licensed under a Creative Commons Attribution 4.0 License.
  • ISSN(Print): 1913-9047
  • ISSN(Online): 1913-9055
  • Started: 2008
  • Frequency: quarterly

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