KEDUDUKAN HARTA BAWAAN DALAM PERKAWINAN YANG DISITAAKIBAT TINDAK PIDANA KORUPSI STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1948K/PDT/2015

Abstract

Confiscation of innate property in a marriage that occurs as result of criminal act of
corruption committed by the husband, where the object confiscated is in the form of land obtained
not from the proceeds of a criminal act of corruption but from the gift of the wife's parents before
the marriage. The research with the title "The Position of Congenital Assets Confiscated Due to
the Crime of Corruption is listed in the Supreme Court Decision Number 1948K/Pdt/2015"core
problems, namely how the judge's consideration in determining the confiscation assets in marriage
as a result of criminal acts of corruption, and how the position of innate property in a marriage
related to the confiscation of a criminal act of corruption. The purpose of this study was to
determine the position of the innate assets confiscated by the state when there was a criminal
confiscation of corruption related to the corruption case that ensnared the husband, on the object
of land where the land was obtained from a parental grant from the wife long before the husband's
corruption and to find out how the judge's considerations in determine the confiscation of
collateral in the husband's corruption crime. Based on the results of the research, it shows that
there are legal irregularities where it is stated that the opponent has no interest in this case, where
in fact the opponent has an interest as the injured party. is not the result of a criminal act of
corruption by the husband of the opponent.