Tanggung Jawab Suami Istri Dengan Perjanjian Pisah Harta Terhadap Hutang Yang Timbul Dari Perjanjian Kredit. (Husband and Wife Responsibilities with a Separation of Assets Agreement Regarding Debts Arising from a Credit Agreement).

Siawan, Griselda Uziel Thirsa Putri (2024) Tanggung Jawab Suami Istri Dengan Perjanjian Pisah Harta Terhadap Hutang Yang Timbul Dari Perjanjian Kredit. (Husband and Wife Responsibilities with a Separation of Assets Agreement Regarding Debts Arising from a Credit Agreement). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

This study aims to analyze the legal responsibility of husband and wife for debts arising from credit agreements made before the separation of property agreement, as well as the application of separation of property agreements in positive Indonesian law regarding responsibility for debts signed by only one party. A separation of property agreement allows husband and wife to separate their property, but questions arise as to whether this agreement affects the obligation to pay debts that existed before the marriage or the separation of property agreement. This study uses a normative legal method, by analyzing applicable laws and regulations, especially Article 29 and Article 35 paragraphs 1-2 of Law Number 1 of 1974 concerning Marriage, as well as the doctrines that have developed in Indonesian civil law regarding the responsibility of husband and wife's debts. The data used in this study are in the form of laws and regulations, legal literature, and expert opinions. The results of the study indicate that although the separation of property agreement separates the property and obligations of husband and wife in married life, it does not affect the responsibility for debts that arise before the separation of property agreement. Thus, the parties involved in a credit agreement signed by only one party remain liable for the debt, even though there is a separation of property agreement. The conclusion of this study is that the separation of property agreement does not apply retroactively to previously existing debts, so that the obligation to pay the debt remains the responsibility of the party who signed the credit agreement.

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