Analisis Terhadap Perjanjian Kawin Yang Dibuat Setelah Perkawinan Berlangsung Pasca Putusan MK NO.69/PUU-XIII/2015

Abstract

Marriage is a spiritual bond between a man and a woman as husband and wife in
order to form a happy and eternal family (household) based on the One Supreme
Godhead. During the marriage there will be a property called mutual property in
marriage which may create a mixture of property between husband and wife, giving rise
to a desire to make an agreement between both parties to clarify the ownership rights of
husband and wife in terms of wealth and others, which is called the prenuptial
agreement. The prenuptial agreement is an agreement made by two persons (married
couple) prior to marriage. The arrangement of the prenuptial agreement is not
regulated in detail but only regulates the timing of its manufacture only and is regulated
in article 29 of law number 1 of 1974 concerning marriage. However, with the decision
of MK no. 69 / PUU-XIII / 2015 cause changes or eviations that cause new problems in
the life of society. Problems to be investigated in this research is about legal certainty
in the decision of the Court. 69 / PUU-XIII / 2015 concerning the prenuptial agreement
and how the legal effect of the prenuptial agreement after marriage takes place over the
property of marriage.
Research method / approach used by writer in this research is normative law
research. Normative legal research is a literary legal research, because it makes the
book material as the main pedestal in conducting this research. Sources of legal
materials used are primary sources of legal material, namely the Civil Code (BW), Law
No.1 of 1974 on marriage, and Decree No.69 / PUU-XIII / 2015, for secondary legal
materials namely the various books, journals, theses, and expert opinions, as well as
tertiary legal materials namely Indonesian dictionary, legal dictionary, and
encyclopedia. The analysis of legal entities in this study was done by processing and
analyzing qualitatively and poured descriptively.
The results of the first study to prove that the verdict MK No.69 / PUU-XIII / 2015
has not fully provide legal certainty, and on the results of research both prenuptial
agreements made after marriage took place separated property between husband and
wife without any one party can get part of other party's property.
Keywords: Prenuptial Agreement, Legal Certainty, Legal Effect