A Juridical Review of the Implementation of Conservatory Seizure of Marital Property in Divorce Cases

Abstract

In marriage, rights and obligations arise between husband and wife, and between parents and children, reciprocally regulated according to the applicable laws and regulations. Not every individual can obtain what they desire, and the same applies to marriage. Many reasons and obstacles can lead to the dissolution of a marriage, with divorce being one of the ways it can end (apart from death). The procedures for filing a divorce are regulated in Law No. 50 of 2009 concerning Religious Courts. The consequences of divorce can cause issues for the husband or wife, including iddah maintenance, the payment of past due maintenance, the division of jointly acquired property, and the custody of children who have not reached the age of discernment (Article 105 of the Compilation of Islamic Law). Parties in a divorce can apply for a sequestration guarantee as stipulated in Article 24 paragraph (2) of Government Regulation No. 9 of 1975 in conjunction with Article 78 Sub C of Law No. 50 of 2009. The purpose of the sequestration guarantee is to ensure the rights or delivery of items specified in the verdict, regardless of their existence. Therefore, to ensure the execution, plaintiffs typically request sequestration guarantees (conservatoir beslag) together with their lawsuit. To request a sequestration guarantee, there must be a reasonable suspicion. Based on the provisions of Article 24 paragraph (2) letter C of Government Regulation No. 9 of 1975, "during the divorce proceedings, at the request of the plaintiff or defendant, the court may determine necessary measures to ensure the preservation of items that are jointly owned by the husband and wife or items that belong to the husband or wife.