Awang Long Law Review
Vol. 8 No. 3 (2026): Awang Long Law Review

THE RELEVANCE OF THE PRINCIPLE OF GOOD FAITH TO THE LEGAL CERTAINTY OF MARRIAGE AGREEMENTS

Sabrina Fiddini Achmad (Faculty of Law, Universitas Airlangga, Surabaya, Indonesia)
Mutiara Eldiena Fitri (Faculty of Law, Universitas Airlangga, Surabaya, Indonesia)
Ida Ayu Intan Budha Ranny (Faculty of Law, Universitas Airlangga, Surabaya, Indonesia)
Shafiyah Nur Azizah (Faculty of Law, Universitas Airlangga, Surabaya, Indonesia)



Article Info

Publish Date
03 Apr 2026

Abstract

This research was conducted to examine and analyze the importance of applying the principle of good faith in prenuptial agreements. This need arose due to existing weaknesses, whereby the parties to the agreement could act in bad faith, thereby misusing the agreement as a tool to protect their personal interests, which in turn could potentially harm third parties. In an effort to ensure legal certainty and examine the binding force of prenuptial agreements, the application of the principle of good faith is fundamental when drafting agreements. The application of this principle is expected to prevent future losses when prenuptial agreements are legalized and enforced. This study uses a legal research method with a theoretical research type and analyzes legal materials through a legislative approach, a conceptual approach, and case studies. The findings of this study indicate that the application of the principle of good faith in prenuptial agreements plays an important role as a preventive measure against the misuse of the objectives and goals of the agreement. The application of this principle aims not only to ensure legal certainty and protection for both parties, but also for third parties.

Copyrights © 2026






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...