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Journal : Private Law

Pengaturan Perjanjian Kawin Di Negara-Negara Berbasis Civil Law Hariani, Widika Shepia; HS, Salim
Private Law Vol. 4 No. 3 (2024): Private Law Universitas Mataram
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

The objective of this study is to examine the regulation of marital agreements within the legal systems of Indonesia, the Netherlands, China, and Germany. The research methodology employed is normative legal research with a focus on statutory, conceptual, and comparative approaches. The findings indicate that in Indonesia, marital agreements are governed by Law Number 1 of 1974 concerning Marriage, in conjunction with Constitutional Court Decision Number 69/PUU-XIII/2015, as well as the Compilation of Islamic Law. In the Netherlands, marital agreements are regulated in the Dutch Civil Code, Articles 1:114 to 1:148. In China, regulations can be found in the Chinese Civil Code, Article 1046. Meanwhile, in Germany, regulations are stipulated in the German Civil Code, Articles 1415 to 1449.
Pengaturan Perjanjian Kawin Di Negara-Negara Berbasis Civil Law Hariani, Widika Shepia; HS, Salim
Private Law Vol 4 No 3 (2024): Private Law Universitas Mataram
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/a6tg0123

Abstract

The objective of this study is to examine the regulation of marital agreements within the legal systems of Indonesia, the Netherlands, China, and Germany. The research methodology employed is normative legal research with a focus on statutory, conceptual, and comparative approaches. The findings indicate that in Indonesia, marital agreements are governed by Law Number 1 of 1974 concerning Marriage, in conjunction with Constitutional Court Decision Number 69/PUU-XIII/2015, as well as the Compilation of Islamic Law. In the Netherlands, marital agreements are regulated in the Dutch Civil Code, Articles 1:114 to 1:148. In China, regulations can be found in the Chinese Civil Code, Article 1046. Meanwhile, in Germany, regulations are stipulated in the German Civil Code, Articles 1415 to 1449.