The Legal Position of Marriage Agreement Deeds in the Context of Providing Protection for Husbands and Wives

Helmi Naufal, Bambang Tri Bawono

Abstract


Having a Prenuptial Agreement or agreement before marriage is important because it provides protection for both husband and wife. This research aims to determine and analyze the legal position of prenuptial agreement deeds in order to provide protection for husbands and wives in Rembang Regency. This type of research is Sociological Law, the approach method used by the author is Qualitative, the research data sources used by the author are Primary data, Secondary data and Tertiary data, data collection methods use library research, then observation in the field and also conducting interviews with sources. The results of research on the Legal Position of Prenuptial Agreement deeds in order to provide protection for husbands and wives, namely that with the existence of a marriage agreement, the relationship between husband and wife will feel safe because if one day their relationship breaks down and even ends in divorce, then there is something that can be used as a legal basis and guidance to provide protection for both parties. The legal consequences of the legal position of a prenuptial agreement deed in order to provide protection for both husband and wife are by entering into a prenuptial agreement before the marriage to protect both parties, both husband and wife, so that there is legal certainty.
Keywords: Agreement; Deeds; Marriage; Protection.

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References


Journal & Internet

Istianty Annisa,Priambada Erwan. 2015. Legal Consequences of Marriage Agreements Made After the Marriage Has Taken Place, Private Law. Volume III. No. 2,

https://wolipop.detik.com/read/2013/03/08/101338/2189258/854/step-by-step-buat-perkerjaan-pranikah-bersama-calon-suamsi

https://fc4importanters.wordpress.com2015/05/21/perkerjaan-pra-nikah/

Books:

Abdurrahman Zaid, 2021, Praktik Perjanjian Pra Nikah di Kota Depok., UIN Jakarta

Fayza Mifta Fauzia Risanto, Skripsi: “Perjanjian Pra-Nikah Dalam Perspektif Hukum Islam Dan Hukum Positif Di Indonesia†(Surakarta: Universitas Muhammadiyah Surakarta, 2020)

Happy susanto, 2008, Pembagian Harta Gono-Gini Saat Terjadi Perceraian, cet. ke-III, Visimedia, Jakarta

K. Wantijik Saleh, 1980, Hukum Perkawinan di Indonesia, cet.ke 7, Penerbit PT Ghalia Indonesia, Jakarta,

Regulation:

Law Number 16 of 2019 concerning Marriage

Law Number 2 of 2014 concerning Notary Positions


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