PERLINDUNGAN HUKUM TERHADAP SUAMI DAN ISTRI YANG MELAKUKAN PERJANJIAN KAWIN SETELAH PERKAWINAN SEBELUM PUTUSAN MAHKAMAH KONSTITUSI NO: 69/PUU-XIII/2015

RIDO, CIPTA (2019) PERLINDUNGAN HUKUM TERHADAP SUAMI DAN ISTRI YANG MELAKUKAN PERJANJIAN KAWIN SETELAH PERKAWINAN SEBELUM PUTUSAN MAHKAMAH KONSTITUSI NO: 69/PUU-XIII/2015. Masters thesis, Universitas Andalas.

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Abstract

The marriage agreement is one alternative that is prepared in marriage by prospective husband and wife who want to limit their rights and obligations specifically regarding property. In section 1 of Article 29 of the Marriage constitution number of 1 Year1974 clearly stated that the marriage agreement must be carried out at the time or before the marriage is held, regulated also in Article 147 of the Civil Code, namely that the marriage agreement must be made with a notary deed and must was made before the marriage took place. In 2015 the Constitutional Court issued Decision Number 69 / PUU-XIII / 2015 which permitted the agreement to marry after marriage. However, before the issuance of the Constitutional Court Decision Number 69 / PUU-XIII / 2015 which adds to the dictum of Article 29 of Law Number 1 Year 1974 concerning Marriage, marriage agreements made after marriage remain legally valid. Problems that can be formulated are concerning legal protection for husband and wife who make a marriage agreement after marriage before the issuance of the Constitutional Court Decision Number: 69 / PUU-XIII / 2015 is associated with the East Jakarta District Court Decision number: 2173 / Pdt.P / 2012 and number: 459 / Pdt / P / 2007 as well as the law is from the marriage agreement. By using a normative juridical approach, namely the approach through library research (library research) to obtain information from documents. Protection of parties from marriage agreements after marriage includes legal certainty regarding the distribution of property Avoiding misunderstandings regarding the separation of property. Facilitating the resolution of household conflicts, the legal consequences that arise are as an agreement that has been judicially strengthened by the establishment of a court. not only regulating the cause and effect of marriage after marriage, but also on third parties. With the establishment of a court, the distribution of property regulated in the marriage agreement is stronger in other words all matters relating to the separation of property are clearly separated in the marriage agreement

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