Syahputra, Alsyad Dedin Ryan and , Dr. Mutimatun Ni'ami, S.H., M.Hum. (2026) Analisis Perjanjian Perkawinan Sebagai Instrumen Perlindungan Aset Keluarga Dari Risiko Kepailitan Pada Perseroan Komanditer (CV). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
This study is motivated by the proliferation of micro, small, and medium enterprises (MSMEs) in the form of Commanditaire Vennootschap (CV) managed by married couples in Indonesia. The high number of family-run businesses has created a legal paradox between the unlimited liability of the active partner (complementer) in a CV as regulated in Article 19 of the Commercial Code (KUHD) and the joint property regime in marriage under Article 35 of Law Number 1 of 1974 on Marriage. Without a marital agreement, joint marital assets may be used to settle the debts of the CV, as evidenced in Supreme Court Decisions Number 26 PK/Pdt.Sus-Pailit/2014 and Number 461 K/Pdt.Sus-Pailit/2019. The research problems are formulated as follows: (1) What is the legal position of marital agreements in the Indonesian legal system? (2) How is the legal construction of marital agreements as an instrument for protecting family assets in anticipating the risk of bankruptcy in Commanditaire Vennootschap (CV) businesses operated by married couples? This research is normative legal research using the statutory approach and the case approach. Primary legal materials include the Civil Code, the Commercial Code, the Marriage Law, the Bankruptcy Law, and the Compilation of Islamic Law. Data were collected through library research and analyzed deductively. The findings of this study indicate that: (1) The legal position of marital agreements in the Indonesian legal system is very strong, particularly after Constitutional Court Decision Number 69/PUU XIII/2015, which allows marital agreements to be made both before and during the marriage; (2) The ideal legal construction of a marital agreement as a family asset protection instrument must explicitly regulate the separation of assets, include clauses limiting business debt liability to the active partner (complementer), be executed in the form of a notarial deed, duly registered, and based on good faith. Marital agreements have proven effective in protecting family assets from the risk of CV bankruptcy when these requirements are fulfilled. This study also finds that Islamic law, through the concepts of syirkah (partnership) and sulh (reconciliation), supports the validity of marital agreements as a fair preventive instrument.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Uncontrolled Keywords: | harta bersama, kepailitan, perjanjian perkawinan, perlindungan aset keluarga, perseroan komanditer (CV) |
| Subjects: | K Law |
| Divisions: | Fakultas Hukum > S1 Ilmu Hukum |
| Depositing User: | ALSYAD DEDIN RYAN SYAHPUTRA |
| Date Deposited: | 15 May 2026 12:04 |
| Last Modified: | 15 May 2026 12:04 |
| URI: | http://eprints.ums.ac.id/id/eprint/145136 |
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