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Journal : Unes Law Review

PERLINDUNGAN HUKUM TERHADAP PERJANJIAN PERKAWINAN ATAS HARTA BERSAMA AKIBAT PERCERAIAN Nooryanto, Fista Hery; Endah Listyowati, Maria Yosepin; Setyaningrum, Diyah
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.799

Abstract

The purpose of the study is to identify the legal protection of marital agreements on joint property due to divorce and the benefits of marital agreements as a form of prevention, as well as legal protection of husband and wife's property in the event of divorce. The research method with a normative approach using a conceptual approach analyzes the problem using legal theory and conducts research on legislation that applies and is relevant to the problem. A marriage agreement is considered valid if it is made in writing in the form of a notarial deed before a notary and legalized by the civil registry, namely the KUA for those who are Muslims and a legal entity of citizenship for non-Muslims. Islam. and register with the local District Court, as stated in Chapter V Article 29 Paragraph (I) of the Marriage Law with the Constitutional Court Decision Number 69/PUU-XIII/2015 and its contents also apply to other parties who have an interest. It is concluded that the legal protection of a marriage agreement on joint property due to divorce provides freedom in determining the time for couples to make a marriage agreement and protect their property in the event of a divorce.