Refleksi Hukum: Jurnal Ilmu Hukum
Vol 2 No 1 (2017): Refleksi Hukum: Jurnal Ilmu Hukum

MENEMBUS RAHASIA BANK TERKAIT HARTA BERSAMA DALAM PERKAWINAN

Sri Harini Dwiyatmi (Unknown)
Indirani Wauran (Unknown)



Article Info

Publish Date
20 Mar 2018

Abstract

This Article discusses about bank secrecy upon joint marital property which is kept in a bank. A standpoint offered by this article leads to a statement that there is no obligation of bank to not provide a husband or a wife account information about their joint marital property. The argument is based on an idea that joint marital property is acquired during marriage, it is obtained by husband and wife who decide not to do a prenuptial agreement. As a consequence, there is no obligation of bank to keep the account secrecy in which the joint marital property is saved. This judgment lays on a reasoning that a husband or a wife who owns a bank account holds a position as the owner of the kept property in the form of bank account. Therefore, it must be understood as a norm, that a limitation on an individual’s right to have access to his/her own property shall not be applied.

Copyrights © 2017






Journal Info

Abbrev

refleksihukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

REFLEKSI HUKUM is a peer-review scholarly Law Journal issued by Faculty of Law Satya Wacana Christian University which is purported to be an instrument in disseminating ideas or thoughts generated through academic activities in the development of legal science (jurisprudence). REFLEKSI HUKUM accepts ...