Analysis of Judges' Considerations Regarding Joint Debt After Divorce (Decision Study Number 728/Pdt.G/2023/PA.BM)

Abstract

Problems arising from the division of joint assets and debts after divorce often lead to conflict between the parties concerned, particularly regarding the determination of the status of joint assets and the responsibilities for debts incurred during the marriage. The lack of clarity in distinguishing between personal and joint debts is one of the triggers for differences in interpretation in legal practice. Therefore, this study raises the following issues: (1) What is the status of joint assets and debts in Indonesian marriage law? and (2) What are the judge's considerations in determining the status of joint assets and debts after divorce in court decisions? This study uses a normative juridical method with a statutory and case approach, namely by examining secondary legal materials in the form of laws and regulations, legal literature, and court decisions, especially Decision Number 728/Pdt.G/2023/PA.Bm. The conclusion of this study indicates that assets acquired during marriage are joint assets, while debts incurred during marriage can be a joint responsibility if used for household purposes. However, in its implementation, the judge's considerations in determining responsibility for debts still require more detailed elaboration to avoid double meanings when implemented.