ANALISIS PUTUSAN PN NOMOR 710/PDT.G/2024/PN JKT.TIM TENTANG PERTANGGUNGJAWABAN HUTANG BERSAMA SUAMI ISTRI PASCA PERCERAIAN

Abstract

Divorce produces legal consequences not only upon marital status, but also upon joint marital property. In the decision of the East Jakarta District Court Number 710/Pdt.G/2024/PN.Jkt.Tim, the Panel of Judges rejected the joint marital property still under credit as it is contrary to Supreme Court Circular Letter Number 3 of 2018, and ruled that the credit debt must be settled beforehand as it constitutes part of the joint marital property pursuant to Article 35 paragraph (1) of the Marriage Law. However, the Panel of Judges refused to devide the credit debt. This study aims to analyze the legal basis of the Panles Judges’ considerations in applying Article 35 paragraph (1) of the Marriage Law and the legal consequences arising thereform. This study employs a normative legal research method with statutory, case, and conceptual approaches. The findings indicate that the credit debt or liabilities should have been divided in the same manner as assets, as it constitutes an integral part of the joint marital property.