Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Media Iuris
Anjar SC Nugraheni
Universitas Sebelas Maret
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Legal Certainty and Prospects of Marriage Agreements as a Shield for Family Resilience and Welfare Anjar SC Nugraheni; Adalia Safira Rahma
Media Iuris Vol. 9 No. 2 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i2.81962

Abstract

The increasing divorce rate annually is a shared concern. This is occurring in all countries, including Indonesia. The leading cause of divorce in Indonesia is financial reasons, which create disharmony within families. This urges couples to better manage their family finances, and one way of doing this is through drafting a pre-nuptial or post-nuptial agreement. This article analyzes the development of marriage contracts in Indonesia based on the theory of legal certainty. Based on the theory of legal protection, marriage contracts have been evaluated as an instrument for maintaining family resilience and well-being. The research method used was normative legal research based on secondary data in the form of primary and secondary legal materials. The analysis technique used qualitative methods. The results of the research indicate that the legal institution of marriage agreements in Indonesia has undergone remarkable development in realizing legal certainty at the normative level. However, at the factual level, particularly regarding the parties’ implementation of the marriage agreements, it remains weak. The aforementioned development from the normative side allows marriage agreements to become highly flexible, thereby holding great potential as a shield for family resilience and well-being to avoid divorce. Vigilance is necessary to ensure that marriage agreements do not become instruments of legal smuggling.
Co-Authors Adalia Safira Rahma