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VOL. 11, ISSUE 6 (2025)
Legal protection for wives related to marriage agreements separating assets from corruption crimes
Authors
Mohammad Adi Fahrozi, Pujiyono Suwadi, Yudho Taruno Muryanto
Abstract
A marriage agreement is a document made based
on mutual agreement and recognized by the marriage registrar, after which the
contents of the agreement also apply to third parties. This agreement can be
drawn up before or at the time of marriage. The type of research used is normative
legal research with a conceptual approach, namely legal research that looks at
an issue from the perspective of the underlying concepts. By using this
approach, an analysis of legal materials is carried out to understand the
meaning contained in legal terms, review the meaning and consequences of
various legal concepts, and equalize the understanding of legal terminology. In
short, legal protection for the wife in a property separation agreement related
to the proceeds of corruption depends on the balance between the formality of
the contract that protects her rights, and the strength of evidence that she
was not involved or at least not aware of the illegal nature of the asset. If
the evidence suggests otherwise, the state is authorized to retrieve the assets
as proceeds of a crime without invalidating the wife's rights to assets that
are proven to be legal, but refuses to use the agreement as a way to protect
the proceeds of crime. With the synergistic relationship between criminal and
civil law, the Indonesian legal system ensures that freedom of contract cannot
be abused to protect criminal acts, and supports the enforcement of substantial
and procedural justice that prioritizes the interests of society and the
integrity of the law. Therefore, while property separation agreements provide
temporary protection, the continuation of the wife's rights is substantially
dependent on evidence confirming their legality and unconnectedness to the
proceeds of crime.
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Pages:63-67
How to cite this article:
Mohammad Adi Fahrozi, Pujiyono Suwadi, Yudho Taruno Muryanto "Legal protection for wives related to marriage agreements separating assets from corruption crimes". International Journal of Law, Vol 11, Issue 6, 2025, Pages 63-67
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