MENELAAH BATASAN PERJANJIAN KAWIN DALAM TINDAK PIDANA PENCUCIAN UANG

Abstract

Humans as social creatures are always in contact and consensus. Indonesian society developed customary law slowly until it became a culture. Article 1313 of the Civil Code BW defines an agreement, while Article 1320 regulates its legal requirements. The Marriage Law distinguishes between joint and inherited property. The Anti-Money Laundering Law regulates the confiscation of assets related to corruption. This article uses a juridical-normative research method with a qualitative research type where the approach or analysis uses laws and uses other data as support such as articles, news and other supporting facts. The conclusion is drawn through the analysis that has been done in the previous sub so that it can answer the main problems. Article 37 A of the TIPIKOR Law requires the defendant to prove the origin of his assets. This failure causes the assets to be considered the proceeds of corruption (Article 38 B paragraph 2). Subekti emphasizes the balance of assets and legal income. Indonesia's Civil Law system prioritizes written laws in the fight against corruption. The Anti-Money Laundering Law regulates the confiscation of corruption assets. Article 1132 of the Civil Code regulates the division of the debtor's assets during bankruptcy. Marriage agreements regulate joint assets in marriage to clarify the rights and obligations of spouses regarding assets obtained during marriage (Article 35 of the Marriage Law). However, ML can penetrate the boundaries of joint and personal property, so a property separation agreement is important.