JURNAL HUKUM
Vol 40, No 1 (2024): Jurnal Hukum

Analysis of the Legal Basis of Marriage Agreements and Their Implications for the Position of Inheritance Property

Liman, Padma D. (Unknown)
Rifai, Aulia (Unknown)



Article Info

Publish Date
24 Aug 2024

Abstract

This study explores the legal foundation of marriage agreements in Indonesia, specifically examining Law Number 1 of 1974 on Marriage and Constitutional Court Decision No. 69/PUU-XIII/2015. The primary focus of this research is to understand how marriage agreements impact the distribution of inheritance and their implications in resolving inheritance disputes. Meanwhile, Constitutional Court Decision No. 69/PUU-XIII/2015 expands the scope for creating and modifying marriage agreements during the marriage, providing additional flexibility that was previously unavailable. The methodology employed in this research is a normative juridical approach. A literature review method is used to gather relevant data and information from various legal sources. The primary legal materials used in this research include the Civil Code, Law Number 1 of 1974 on Marriage, and Constitutional Court Decision No. 69/PUU-XIII/2015. Additionally, secondary legal sources such as academic literature, legal journals, textbooks, and scientific articles are also utilized to enrich understanding and provide a broader theoretical context and perspective in the analysis. The findings indicate that a valid marriage agreement provides legal protection and certainty in the distribution of inheritance, while agreements not in accordance with positive law are at risk of being rejected in inheritance disputes.

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Journal Info

Abbrev

jurnalhukum

Publisher

Subject

Religion Humanities Social Sciences

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International ...