Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

FROM TRADITION TO MODERNITY: TRANSFORMATION OF THE PRACTICE OF MARRIAGE AGREEMENT IN INDONESIA

Budiawan, Afiq (Unknown)
Yahanan, Yahanan (Unknown)



Article Info

Publish Date
10 Feb 2025

Abstract

This study aims to analyze the practice of marriage agreements in Indonesia in the perspective of Islamic law and positive law, as well as identify the factors that influence it. The research method used is qualitative with the approach Empirical law, involving interviews with notaries, ministries of the Ministry of Religion, and couples who made a marriage agreement in DKI Jakarta, East Java, Riau, and the Regency/City of Malang. The results showed that marriage agreements in Indonesia are still limited to the separation of assets and are widely carried out by couples with high legal awareness. Factors that influence this practice include economy, education, culture, and modernization. The main recommendation of this research is the need for regulatory renewal in the Marriage and KHI Law so that the marriage agreement can include aspects of the protection of the rights of couples more broadly, as well as further socialization by the Ministry of Religion to change the perception of the community regarding the marriage agreement

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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 ...