Faizal Kurniawan, - and Xavier Nugraha, - and Bagus Oktafian Abrianto, - and Syifa RamadhantI, - (2020) The Right To Access Banking Data In a Claim For A Divisio Of Combined Assets That Is Filed Separately From A Divorce Claim. Yustisia Jurnal Hukum, 9 (1). pp. 37-45. ISSN 0852-0941

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Abstract

Bank Secrecy remains one of the most essential principles of banking. In Indonesia, however, this principle is not absolute. According to Indonesia regulation, there are several exceptions in implementing Bank Secrecy. In its implementation, these exceptions have yet to adjust to recent social development. One problematic case is when it relates to a claim of combined assets that is filed in conjunction with a claim for divorce. In a recent development, the Constitutional Court has asserted that one of the exceptions for Bank Secrecy can occur for cases of divorce, in its Judgement Number 64/PUU-X/2012. However, this decision has yet to answer a problematic issue when the claim for divorce is filed separately from the claim for the division of combined assets. Such a decision does not consider cases in which the two aforementioned claims are filed separately. This presents a problem for couples who are not Muslim and are confined to divorce laws in which the two claims must be filed separately. Thus, does a claim for the division of combined assets that are filed separately from the claim of divorce fall under the Scope of Constitutional Court Decision Number 64/PUU-X/2012? According to the following research, such cases indeed fall under the scope of Constitutional Court Decision Number 64/PUU-X/2012. This conclusion is based on historical interpretation and Extensive Interpretation. According to historical interpretation, the original intent of the judges in drafting Constitutional Court Decision Number 64/ PUU-X/2012 is to provide both the husband/wife equal share of their wealth. According to extensive interpretation, the concept of filing both claims separately is to an extension of the concept explicitly addressed in such a Constitutional Court decision.

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