Ajudikasi : Jurnal Ilmu Hukum
Vol. 5 No. 2 (2021): Ajudikasi : Jurnal Ilmu Hukum

Analisis Perjanjian Perkawinan Menurut Undang-Undang Perkawinan Di Indonesia: (Studi Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015)

Faradilla Asyatama (University of Indonesia)
Fully Handayani Ridwan (University of Indonesia)



Article Info

Publish Date
25 Dec 2021

Abstract

The protection of individual rights in marital relations according to positive Indonesian Law can be enforced by making a Prenuptial Agreement. Article 147 of the Civil Code states that a prenuptial agreement must be made before the marriage and must be in the form of a notarial deed which can apply to third parties since it registrates at the local District Court Registrar’s Office and has been recorded on Marriage Deed in the Civil Registry. In Indonesia, there has been unification in the field of Marriage Law, which has resulted in several changes to the provisions of prenuptial agreement. This study is aimed at obtaining answers to the following problems: (1) How is the binding force of the prenuptial agreement after the enactment of Law Number 1 of 1974? (2) What is the concept of making a prenuptial agreement after the decision of Constitutional Court Number 69/PUU-XIII/2015? Solving this problem is persued by empirical normative legal research methods using secondary data. The results of this study are: (1) A prenuptial agreement’s strength of binding after the enactment of the Marriage Law is after it is registered and ratified by a Marriage Registrar, and the content of prenuptial agreement is broader, not only coveting wealth; (2) The prenuptial agreement after the decision of Constitutional Court Number 69/PUU-XIII/2015 can be made after the marriage.

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Journal Info

Abbrev

ajudikasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Adjudication: Journal of Law for contains a research results and studies in various fields of legal science. Journal adjudication is published 2 (two) times a year in June and December. Journal adjudication has been registered at the Scientific Documentation and Information Center (Pusat Dokumentasi ...