The Role of Notaries in Making Marriage Agreement Deeds After the Constitutional Court Decision Number 69/PUU-Xlll/2015 in 2015

Karelina Fatimatun Izza

Abstract


Problems in marriage certainly result in very systematic legal consequences, especially regarding the rights and obligations of husband and wife, the legal status of husband and wife, family assets and children born in marriage, and assets of husband and wife that are not clearly regulated are feared to cause a mixture of the assets brought by each party and cause problems between the two parties. The purpose of this study is to analyze the implementation of the Marriage Agreement before and after the Constitutional Court Decision Number 69/PUU-Xlll/2015 and to determine the role of the Notary in relation to the preparation of the Marriage Agreement deed after the Constitutional Court Decision Number 69/PUU-Xlll/2015. The research method used is the Sociological legal approach method, namely research that focuses on the legal science aspect and connects the legal rules that apply in society. This approach method is used because it focuses on existing legislation and is related to practice in the field. From the results of the analysis and discussion regarding the role of Notaries in making Marriage Agreement Deeds after the Constitutional Court Decision Number 69/PUU-Xlll/2015, it can be concluded that before the Constitutional Court decision, marriage agreements can only be made before the marriage takes place, while after the Constitutional Court decision, marriage agreements can be made before and during the marriage takes place and Notaries still have the authority to make marriage agreement deeds. The mechanism used is to write down the wishes of the husband and wife by applying Article 1338 of the Civil Code concerning the freedom to make contracts and Article 1320 of the Civil Code concerning the valid requirements for agreements.


Keywords


Agreement; Constitutional; Court; Decision; Marriage.

Full Text:

PDF

References


Abdul Kadir Muhammad. (2004). Law and Legal Research. Bandung: PT Citra Aditya Bakti.

Abdurrahman. (1995). Compilation of Islamic Law in Indonesia. Jakarta: Akademika Pressindo.

Achmad Fauzan. (2009). Complete Legislation on General Courts, Special Courts, and the Constitutional Court. Jakarta: Kencana.

A. Damanhuri. (2012). Legal Aspects of Joint Property Marriage Agreements, Bandung: CV. Mandar Forward.

Bagir Manan. (2003). Constitutional Theory and Politics, Yogyakarta: UII Faculty of Law.

Bambang Sunggono. (2015). Legal Research Methodology. Jakarta: Raja Grafindo Persada.

I Made Pasek Diantha. (2017). Normative Legal Research Methodology in Justification of Legal Theory. Jakarta: PT Fajar Interpratama Mandiri.

J Moleong, Lexy. (2021). Qualitative Research Methodology. Bandung: Remaja Rosdakarya.

A. Damanhuri. (2012). Legal Aspects of Joint Property Marriage Agreements, Bandung: Mandar Maju.

DY Witanto. (2012). Family Law Rights and Status of Children Born Outside of Marriage (After the Issuance of the Constitutional Court Decision on the Judicial Review of the Marriage Law). Jakarta: Prestasi Pustakaraya.

Khudzaifah Dimyati and Kelik Wardiono. (2004). Legal Research Methods. Surakarta: Faculty of Law, UMS.

Martiman Prodjohamidjojo. (2002). Indonesian Marriage Law, Indonesia. Jakarta: Legal Center Publishing.

Moch. Isnaeni. (2016). Indonesian Marriage Law. Surabaya: Revka Petra Media.

Mohammad Zamroni. (2019). Legal Status of Marriage Agreements Made After Marriage Has Taken Place. Al'Adl, Volume XI Number 2, July.

Philipus M. Hadjon and Tatiek Sri Djatmiati. (2005) Legal Argumentation Yogyakarta: Gadjah Mada University Press.

Ronny Hanitijo Soemitro. (1995). Legal Research Methods and Jurimetrics. Jakarta: Ghalia Indonesia.

Subekti. (2004). Contract Law. Jakarta: PT Intermasa.

Sudikno Mertokususmo. (1988). Civil Procedure Law. Yogyakarta: Indonesia Liberty.

Soerjono Soekanto. (2002). Role Theory. Jakarta: Bumi Aksara.

Soemiyati. (19174). Islamic Marriage Law and Marriage Law Law No. 1 of 1974. Yogyakarta: Liberti.

Soetojo Prawirohamidjojo. (1986). Pluralism in marriage legislation in Indonesia, Surabaya: Airlangga University Press.

Uma Sekaran. (2011) Research methods for business. Jakarta: Salemba Empat.

Haruri Sinar Dewi. (2018). Effectiveness of Constitutional Court Decision Number 69/PUU-Vlll/2015 Case Study of Constitutional Court Decision Number 69/PUU-Vlll/2015 on the Making of Marriage Agreement Deeds for Third Parties. Journal, pp. 260-285.

Sri Endah Wahyuningsih, (2017) The Policy of Formulating the Death Penalty for Corruption Offenders in Indonesia. Khaira Ummah Law Journal, Vol. 12.

Haedah Faradz. (2008). “Purpose and Benefits of Marriage Agreement”, Journal of Legal Dynamics. Vol 8, 250

The 1945 Constitution of the Republic of Indonesia.

Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.

Law Number 1 of 1974 concerning Marriage.

Presidential Instruction Number 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law.

Constitutional Court Decision Number 69/PUU-Xlll/2015 of 2015

Civil Code

Interview with Notary Dr. Dahniarti Hasana SH,.M.Kn on April 14, 2024 at the Notary's office.




DOI: http://dx.doi.org/10.30659/sanlar.v6i2.42426

Refbacks

  • There are currently no refbacks.


Sultan Agung Notary Law Review has been indexed in:

Image Image Image Image Image