Abstract
The use of marital joint property as collateral for debt without the consent of one spouse raises legal issues concerning the validity of the encumbrance, the legal consequences for the parties, and the legal certainty of the injured spouse. Article 36 paragraph (1) of Law Number 1 of 1974 concerning Marriage requires the consent of both spouses in legal actions involving marital joint property. Meanwhile, Supreme Court Circular Letter Number 3 of 2018 provides that a claim for the division of marital joint property whose disputed object is still pledged as collateral to a third party must be declared inadmissible (niet ontvankelijke verklaard). This study aims to analyze the legal regulation of marital joint property used as collateral without the consent of one spouse, the legal consequences arising from such action, and the legal certainty for the injured party. This research uses a doctrinal research method with statutory, conceptual, and case approaches. The data were obtained through library research using primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively and deductively. The results show that marital joint property cannot, in principle, be used as collateral without the consent of both spouses because such action is contrary to Article 36 paragraph (1) of the Marriage Law and the principle of joint control over marital property. However, when the property has already been encumbered as collateral to a third party, its legal consequences depend on the judicial approach. Decision Number 58/Pdt.G/2023/MS.Bna declared the claim inadmissible because the object was still subject to a third party's security interest, while Decision Number 81/Pdt.G/2019/MS.Bna proceeded to divide the joint property even though part of the property remained collateral. These different approaches indicate that legal certainty for the injured spouse has not been optimally achieved. Therefore, a more comprehensive judicial guideline is needed to balance the protection of creditors and the rights of spouses over marital joint property.