Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Ganec Swara
Lalu Panca Tresna D.
Fakultas Hukum Ilmu Sosial dan Ilmu Politik Universitas Mataram

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

Found 1 Documents
Search

 1 
IMPLEMENTASI PUTUSAN MAHKAMAH KONSTITUSI NO. 69/PPU-XIII/2015 DALAM PERJANJIAN PERKAWINAN: Implementation of The Constitutional Court Ruling No. 69/PUU-XIII/2015 in Marriage Agreements Ayang Afira Anugerahayu; Lalu Panca Tresna D.
Ganec Swara Vol. 19 No. 2 (2025): Juni 2025
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v19i2.285

Abstract

The implementation of Constitutional Court Decision No. 69/PUU-XIII/2015 concerning prenuptial and postnuptial agreements in Indonesia. Prior to this ruling, marriage agreements could only be made before the marriage took place, as stipulated in Article 29 of Law No. 1 of 1974 and Article 139 of the Indonesian Civil Code. The Constitutional Court's decision marked a legal breakthrough by allowing married couples to enter into a marriage agreement after the wedding, provided it does not violate legal principles or public order. This research employs a normative juridical method with a conceptual approach, analyzing the legal concepts of marriage agreements, the principle of freedom of contract, and the position of the Constitutional Court’s ruling within the national legal system. The findings indicate that the decision reinforces the principles of justice and equality in marital relationships and grants couples greater flexibility in managing their assets according to their needs. However, its implementation faces several challenges, such as limited public understanding and the absence of detailed technical regulations to support its enforcement. Therefore, harmonization of regulations and increased public awareness are necessary to ensure the effective application of this Constitutional Court decision
Co-Authors Ayang Afira Anugerahayu