“AN ORAL AGREEMENT TO SELL LAND THAT IS A JOINT PROPERTY BY THE HUSBAND WITHOUT THE WIFE’S AGREEMENT MAKES THE AGREEMENT INVALID BY LAW”

An oral agreement is only an initial agreement that will be followed up and has not been made before a Notary, it does not yet have binding force for the parties who make it, so it has no legal consequences.

Actions on a joint property by husband or wife must obtain the consent of the husband and wife.

If the oral agreement sells joint property land by the husband without his wife’s approval, then the agreement is invalid by law.

–> Supreme Court Decision No. 2691 PK/Pdt/1996, dated 18 September 1998.

Source: Jurisprudence of the Supreme Court of the Republic of Indonesia, Publisher: Supreme Court of the Republic of Indonesia, 1998, page 81.

Best regards,

Fredrik J. Pinakunary