Indonesian Journal of Education (INJOE)
Vol. 5 No. 2 (2026): Indonesian Journal of Education (INJOE)

MARRIAGE CONTRACTS IN CIVIL LAW: LEGAL SAFEGUARDS FOR CHILDREN’S EDUCATION COSTS IN THE ERA OF EDUCATIONAL AUTONOMY

Gunawan Widjaja (Senior Lecturer, Faculty of Law Universitas 17 Agustus 1945 Jakarta)



Article Info

Publish Date
10 Apr 2026

Abstract

This article analyses marriage contracts under Indonesian civil law as a strategic legal instrument for securing the costs of children’s education in the era of educational autonomy through the Merdeka Curriculum, with two main focuses: (1) the status of marriage contracts under Articles 139–185 of the Civil Code, Article 29 of the Marriage Law, and Constitutional Court Decision No. 69/PUU-XIII/2015, which permits postnuptial agreements; and (2) the potential of specific clauses, such as escrow funds and proportional contributions, to protect children’s rights in accordance with Article 41 of the Marriage Law and Article 9 of the Child Protection Law, in the face of the challenge of variable costs resulting from personalised education. This normative legal research utilises a literature review of legislation, court rulings, and legal literature to conclude that marriage agreements can reduce post-divorce disputes and ensure the continuity of children’s education, in line with Article 31 of the 1945 Constitution and Nadiem Makarim’s ‘Merdeka Belajar’ vision.

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Journal Info

Abbrev

INJOE

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Subject

Description

Indonesian Journal of Education (INJOE) publishes articles on education and learning in general. Contains articles / research results written by experts, scientists, practitioners, and reviewers in the field of education and learning. Some of Indonesian Journal of Education (INJOE): Education and ...