LEGAL STATUS OF MARITAL TREASURE IN THE FORM OF MONEY SAVING IN BANK

The reason the bank didn?t request the consent of the husband/wife of the depositing customer in the case of withdrawal/transfer of deposits which is joint treasure in the bank is not in accordance with the provisions of Article 36 Paragraph (1) of the Marriage Law and Article 92 of the Compilation of Islamic Law which requires the existence of a husband consent and wife in the conduct of legal actions related to joint property, the reason the bank doesn?t ask permission from the husband/wife of the depositing customer in the case of withdrawal or transfer of the savings on the grounds that the bank will find it difficult to determine whether the deposit is a common property or insufficient property, basically in accordance with the provisions of Article 5 of Bank Indonesia Regulation concerning Know Your Customer Principles, the bank is required to inquire about the source of funds from the depositors' deposits. Basically there is no form of protection provided by the bank to the husbands or wives of depositors who are joint treasures in the bank, in which case the bank has never sought the consent of the spouse's husband or wife in the case of withdrawal or transfer of deposits at the bank, but at the whim of customers and their spouses may then create a joint account and may also make a written statement to draw up the withdrawal or transfer of deposits constituting such joint property.