KONSEPSI HARTA BERSAMA DAN PENGUASAANNYA MENURUT UNDANG￾UNDANG PERKAWINAN DAN KITAB UNDANG-UNDANG HUKUM PERDATA

Abstract

This article describes the Conception of Joint Assets and Their Mastery According to the
Marriage Law and the Civil Code. From the results of the discussion obtained an understanding
that joint property in Law Number 1 of 1974 concerning Marriage, is limited only to assets
obtained during marriage, while assets that are brought before each marriage are called
luggage. However, joint property in the Civil Code is not limited to goods (assets) obtained
during marriage, but also includes all assets and liabilities (debts), which are held before the
marriage takes place, then legally the unity of assets is formed at the time of marriage take
place, as long as there is no marriage agreement about that. The management of joint assets in
Law number 1 of 1974 needs to be distinguished first whether it is shared property or luggage.
If it is shared property, then all legal actions both by the wife and by the husband must be with
the agreement of the wife or husband. This can be understood because Law No. 1 of 1974
contains a principle of equality between husband and wife. But it is different for each
inheritance to act individually before. While the mastery of shared assets in the Civil Code is
entirely in the hands of the husband, the husband can do legal actions without the consent of the
wife.