ANALISIS YURIDIS HARTA BERSAMA YANG DIJADIKAN OBJEK JAMINAN HAK TANGGUNGAN DALAM HUTANG PIUTANG PASCA PERCERAIAN (Studi Putusan Mahkamah Agung No. 257/K/Ag/2022)

Dissolution of marriage will cause legal consequences which are the consequences between husband and wife, one of which is the distribution of joint assets. However, it often happens that joint property still creates problems, for example joint property that is used as collateral for a debt owed by one of the parties or the spouse to the bank, so that the joint property cannot be absolutely owned by the parties. The issues raised in this study are: 1) What are the legal considerations of the panel of judges of the Supreme Court in deciding case No. 257/K/Aug/2022? 2) What is the legal position of joint property which is the object of mortgage rights for the parties after the divorce occurs? The purpose of this research is to find out and analyze the basic legal considerations of the panel of judges of the Supreme Court in deciding case no. 257/K/Ag/2022 as well as to understand and know the legal position of joint property which is the object of mortgage rights for the parties after a divorce. The research method used in this discussion is normative juridical research using a literature study approach. The results of the research and discussion show that the judge in giving consideration has mistakenly ruled out legal facts that arose in court that the collateral object was guaranteed by the ex-husband without the consent of the ex-wife who violated Article 36 paragraph (1) of the Marriage Law, Article 92 KHI, and the bank as a lending institution does not apply the principle of prudence because the credit agreement should not be in accordance with the provisions in force in Article 1320 of the Civil Code so that the agreement is considered invalid and the position of the joint property that is used as the object of collateral is that its position is still the right of the party bank, namely Bank Rakyat Indonesia Branch Soekarno Hatta Unit Dinoyo 2, where the right to the property is owned by the collateral holder, the holder of said material rights based on legal provisions, holds privileges as a creditor preference.