Today’s Legal Enlightenment (Friday, 27 January 2023)

by | May 5, 2023 | Legal Enlightenment | 0 comments

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LITIGANTS

Claims to reclaim shared assets from the hands of a third party who illegally control them do not have to be filed by the husband and wife together but can be filed either by the husband or the wife alone (i.c., the wife herself files the claim), because in this case indeed there is no interest for the opposing party that requires the participation of both husband and wife.

→ Supreme Court Decision No.231 K/Sip/1956, 16 December 1957, in the case of Bok Sahit alias Tidjah versus Asmak.

Source: Summary of Jurisprudence of the Supreme Court of the Republic of Indonesia, Second Edition, Supreme Court of the Republic of Indonesia, 1993, page 282.

Best regards,

Fredrik J. Pinakunary


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