Martial Beslag
There is a special form applied to joint husband and wife assets, in the event of a divorce dispute or the sharing of joint assets. The main objective is to freeze joint assets of husband and wife through confiscation, so that no transfer of ownership to third parties occurs during the process of divorce or sharing of shared property. Application characteristics that are attached to the confiscation of joint property include all joint assets controlled by the parties, not only those that are in the hands of the defendant but also those of the plaintiff or third party.
Martial Beslag for divorce husband and wife who are Muslim / Muslim are regulated in Article 78 letter c of Law No. 7 of 1989 concerning Religious Courts ("Law on Religious Courts") Jo. Article 95 and Article 136 paragraph (2) Compilation of Islamic Law ("KHI").
During the divorce process is still ongoing, marital confiscation claims can be filed. In marriage, there are 3 types of assets, namely joint assets, inherited assets, and acquisition assets. Joint assets are property obtained during the marriage. However, the existence of joint assets in the marriage does not rule out the possibility of the ownership of each husband or wife.
Requests for marital seizures can be made when:
- A divorce lawsuit
The procedure for a marital seizure application can be submitted in a lawsuit and can also be separated from the subject matter. According to the Law on Religious Courts, the application for marital confiscation can be submitted if there is a divorce claim.
Article 78 letter c of the Law on Religious Courts, during the divorce lawsuit, at the request of the plaintiff, the court can: determine matters that are necessary to guarantee the preservation of goods that are jointly owned by the husband and wife or goods that are the right of the husband or goods which is the wife's right.
- Without a divorce claim
Besides being submitted at the time of the divorce lawsuit, marital confiscation can also be done without a divorce claim.
Article 95 KHI, in the KHI it is explained that a marital confiscation request can be filed by a husband and wife without a divorce claim. The point is to protect joint property from the actions of one of the harmful parties, such as drunk, gambling, wasteful, and so on.
Suria Nataadmadja & Associates Law Firm
Advocates & Legal Consultants