Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 21 No. 2 (2022): PENA JUSTISIA

Attitude of The Notary Public Towards The Request for The Cancelation of The Prenuptial Agreement Deed as A Result of The Marriage Annulment and The Consequences for Third Parties

Putri Ridzka Maheswari Djasmine (Magister Kenotariatan Universitas Indonesia)
Fully Handayani Ridwan (Magister Kenotariatan Universitas Indonesia)



Article Info

Publish Date
31 Dec 2022

Abstract

The existence of an annulment of marriage raises the question on how the attitude of the Notary Public towards the request for the cancelation of the prenuptial agreement deed as a result of the marriage annulment and the consequences for third parties. This study aims to provide an understanding to the reader about how the regulation and consequences of marriage annulment on the prenuptial agreement deed in Indonesia. Based on the study that has been done, it can be concluded that the cancelation of the existing prenuptial agreement deed should be done through an application to the Court, not with a notarial deed of cancelation, so that if the cancelation is problematic or detrimental to a third party in the future, the third party cannotĀ file a civil lawsuit or criminal charge against a Notary Public. The existence of an agreement made with a third party is still valid based on the making of the agreement itself, which is assumed to have fulfilled the requirements stipulated in the Civil Code, laws and regulations, and does not violate the law also the prenuptial agreement deed which remained valid when it became the basis for making the agreement with a third party. Therefore, the agreement remains valid and must be implemented so that third parties with good intentions are not harmed. Regarding who should be responsible later, by all means, is who makes the agreement with the third party.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...