THE ROLE AND RESPONSIBILITY OF NOTARIES IN THE DIVISION OF COMMON PROPERTY BASED ON DECISION NO. 300 / PDT. G/2020/PA BTA

Abstract

This paper discusses the distribution of joint assets after the end of marriage and the Roles
and Responsibilities of Notaries in Sharing Collective Assets Based on Decision Number 300
/ Pdt.G / 2020 / Pa Bta. Article 35 of the marriage law states that joint property is property that
is obtained during marriage, which means assets obtained from the beginning of the marriage
until the end of the marriage. In this case, the distribution of joint assets should be carried out
immediately after the end of the marriage between husband and wife so that there is no legal
action on one party regarding the joint property. This research is normative. The result of this
research is that the joint assets that have not been distributed to the wife as the plaintiff and
the husband as the defendant have taken legal action on the joint property by reversing the
name of deed No. 29 without the knowledge of the wife and the judge decided that the
distribution of the assets was carried out equally between the wives. and husbands based on
article 37 of law No. 1 of 1974 jo Article 97 compilation of Islamic law. In the transfer of rights
to deeds, there are conditions that must be met by the tappers such as having the consent of
the wife, in this case the notary has been negligent because deed by checking all the
conditions that must be met by the applicant and the notary's responsibility for deed no 29,
namely to cancel the deed because deed no 29 is legally flawed