ARCHIVES
VOL. 5, ISSUE 5 (2019)
Third party resistance (Derden verzet) against the execution of confiscation in shared assets seen from the aspect of a wife's rights in realizing equitable legal certainty
Authors
BM Cintia Buana, Wulanmas APG Frederik, J Ronald Mawuntu Ronny A Maramis
Abstract
Marriage, based on Article 1 of Act No.1 of 1974 concerning Marriage, is as an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family under God Almighty. Property/wealth which is obtained in a marriage is called called joint property. Legal actions regarding joint property must be approved by both husband and wife. Legal issues when disputes occur, namely derden verset in which the focus is on the judges' considerations in decision making, the position of the wife as a third party, better arrangements that have legal certainty and justice, especially for the wife. There are three types of approaches to answer these research questions: the statute approach, an approach that is carried out with all the laws and regulations related to the legal issues under study; the comparative approach, that is by comparing one with another; and the conceptual approach which is based on the approach of concepts in law that refer to the principles of law (court decisions).The results show that the judges’ consideration in the decision of a third-party resistance (derden verzet) has not been gender-equitable towards the executable confiscation filed. The position of the wife as a third party (derden verzet) in the decision has not been equal nor balanced. For better regulation, decisions on disputes regarding shared assets must prioritize gender equality or the wife as a conclusion in the derden verset still experiences discrimination in judges' decisions, which is an indicator of gender inequality. Article 31 of the Marriage Act states that the rights and position of the wife are balanced with the rights and position of the husband in domestic life.
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Pages:116-123
How to cite this article:
BM Cintia Buana, Wulanmas APG Frederik, J Ronald Mawuntu Ronny A Maramis "Third party resistance (<em>Derden verzet</em>) against the execution of confiscation in shared assets seen from the aspect of a wife's rights in realizing equitable legal certainty". International Journal of Law, Vol 5, Issue 5, 2019, Pages 116-123
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