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All Journal Media Hukum Indonesia (MHI)
Amanda Fitra Hamzah
Fakultas Hukum, Universitas Pembangunan Nasional “Veteran” Jakarta
Law, Crime, Criminology & Criminal Justice

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Keabsahan dan Akibat Hukum Perjanjian Kawin Selama Masa Perkawinan Terhadap Harta Bersama Pasca Perceraian (Studi Kasus Putusan Nomor 294/PDT/2022/PT.DKI) Amanda Fitra Hamzah; Margaretha Shintauli; Junita Marsyabillah; Muhammad Farrel Radithyo
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21062794

Abstract

Constitutional Court Decision Number 69/PUU-XIII/2015 broadened the timeframe for concluding a marriage agreement so that it may be made during marriage, yet did not eliminate its validity requirements under the Civil Code. This study analyzes the legal position of marriage agreements made during marriage and their legal consequences for the division of joint marital property after divorce, based on a case study of the Jakarta High Court Decision Number 294/PDT/2022/PT.DKI using a normative legal method. The findings show that a marriage agreement made during marriage is valid but conditional, and its legal effect is prospective, so that where the agreement is declared invalid, the status of the property reverts to the joint marital property provisions.
The Validity of Imposing Mortgage Rights over Land Owned by a Minor Based on a Court Order Appointing a Guardian (A Case Study of Decision Number 51/Pdt.G/2022/PN Jkt.Pst) Amanda Fitra Hamzah; Yasmin Fakhira Khairatun Hisan; Audri Razan Anargya; Dwi Desi Yayi Tarina
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23611329

Abstract

The encumbrance of Mortgage Rights over land owned by a minor raises legal issues because such an action concerns the authority of parents or guardians to perform legal acts involving the child’s property. This study aims to analyze the validity of imposing Mortgage Rights over land owned by a minor and the legal consequences of such encumbrance when it is carried out without lawful authority. This study employs normative legal research using a statutory approach, a case approach, and a conceptual approach. The analysis focuses on the provisions of the Indonesian Civil Code, the Marriage Law, the Mortgage Rights Law, and Decision Number 51/Pdt.G/2022/PN Jkt.Pst. The results show that parents or guardians cannot freely use their position as legal representatives of a minor to encumber the child’s land as collateral. The validity of the encumbrance of Mortgage Rights requires lawful authority, conformity between the court authorization and the legal act performed, and the use of the child’s property in accordance with the child’s best interests. In the case examined, the court order only authorized the sale of the land and could not serve as a legal basis for imposing Mortgage Rights. Consequently, the encumbrance carried out without appropriate authority resulted in the cancellation of the SKMHT and APHT, the invalidation of the registration of the Mortgage Right, and the removal of the Mortgage Right from the land certificate. This decision demonstrates the importance of protecting the civil rights and property interests of minors in every legal action involving their assets.
Co-Authors Audri Razan Anargya Dwi Desi Yayi Tarina Junita Marsyabillah Margaretha Shintauli Muhammad Farrel Radithyo Yasmin Fakhira Khairatun Hisan