Jurnal Cakrawala Hukum
Vol 8, No 2 (2017): December 2017

PERJANJIAN PERKAWINAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015

Oken Shahnaz Pramasantya (Universitas Brawijaya)



Article Info

Publish Date
28 Dec 2017

Abstract

The Constitutional Court issued Decision Number 69 / PUU-XIII / where the marriage agreement was held after the marriage took place. Why the Constitutional Court allows the making of marriage contracts after marriage takes place. This study analyzes the legal considerations of the Constitutional Court judges in allowing marriage agreements to take place after the marriage takes place in accordance with the values of justice, as well as analyzing the legal implications of property of marriage agreements made after marriage in the event of any one of the injured parties. This research method is normative juridical. Based on the results of the study that the Marriage Agreement made after the marriage took place could potentially cause harm and injustice for third parties. Third-party interests also become unprotected. Regarding the time of entry into force of the Marriage Agreement made after the marriage takes place and in the Decision of the Constitutional Court Number 69 / PUU-XIII / 2015 in its verdict contained in point 1.5. and 1.6. raises a legal uncertainty. Third parties and husbands or wives who are harmed by the making of the Marriage Agreement after marriage take place may claim compensation and cancellation to the District Court.DOI: https://doi.org/10.26905/idjch.v8i2.1671

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Journal Info

Abbrev

jch

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Cakrawala Hukum, is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. A Scientific periodical is intended as a means of ...