Embodiment of Constitutional Court Decision Number 69/PUU-XIII/2015 concerning Marriage Agreements in Notarial Deeds

1Ni Putu Theresa Putri Nusantara

2 I Made Sarjana

3Dewa Gede Palguna

1Faculty of Law Udayana University,
2Faculty of Law Udayana University
,
3Faculty of Law Udayana University

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Abstract:

This research aims to analyze and discuss the implementation of the Constitutional Court Decision Number 69/PUUXIII/2015 concerning Marriage Agreements in Notarial Deeds. The Constitutional Court through Decision Number 69/PUU-XIII/2015 has expanded the meaning of the time a marriage agreement is made. The extension of the time limit for making a marriage agreement occurred in line with the granting of part of the request submitted by Mrs. Ike Farida, an Indonesian citizen who married a foreigner (Japan) to the Constitutional Court. The research method used in this research is the normative legal research method, namely research into the legal rules themselves (legislation, jurisprudence, customary law or other unwritten law) and legal principles. The research results show that based on the Constitutional Court Decision and the Marriage Law which regulates marriage agreements, it can be concluded that there are several visible changes, namely: 1. Time when the marriage agreement is made, 2. Entry into force of the marriage agreement, 3. Contents of the marriage agreement, 4. Revocation of the marriage agreement. If it does not refer to the provisions of the Civil Code, there is no obligation to put the agreement in the form of a notarial deed, as long as the agreement is made with mutual consent. A marriage agreement can also be made in writing privately, but this has weaknesses in proof. Therefore, it is better to set out a marriage agreement in the form of a notarial deed, because a notarial deed is an authentic deed that has the highest evidentiary power guaranteed in the Law on the Position of Notaries, the Constitutional Court Decision is the basis for jurisprudence in making marriage agreement deeds in line with changes in the regulation of marriage agreements through MK decision Number 69/PUU-XIII/2015 in relation to the duties and authority of notaries. The embodiment of Constitutional Court Decision Number 69/PUU-XIII/2015 in relation to the duties and authority of Notaries so that it reflects legal certainty, justice and expediency is by means of a marriage agreement that has been made in writing by the parties using a Notarial deed (authentic deed) must be registered with the parties to marriage registrar employees for the sake of perfection and security of the parties and third parties. Furthermore, it is necessary to include the concept of marriage agreement guidelines in the implementation of Constitutional Court Decision Number 69/PUU-XIII/2015 in the form of Law Implementation Regulations in order to create detailed and comprehensive guidelines for drafting marriage agreements, considering that currently there are no guidelines for drafting them.

Keywords:

Marriage Agreement, Constitutional Court Decision Number 69/PUU-XIII/2015, Notarial Deed

Paper Details
Month02
Year2024
Volume28
IssueIssue 1
Pages25-32

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