Legal Certainty Due to Marriage Agreement in Mixed Marriage

Abstract

The purpose of this study was to determine and analyze the legal certainty of a marriage agreement deed for the parties in mixed marriages and to find out and analyze the legal protection of those who entered into a marriage agreement in mixed marriages. The type of research used is normative legal research, with the statutory approach and the conceptual approach. The legal certainty of a marriage agreement for the parties in a mixed marriage of citizens made by a notary in Indonesia, has strong legal power in Indonesia and can be used as written evidence if later there are legal problems between the husband and wife who make a marriage agreement. Under the Indonesian legal system, the marriage agreement deed made by a Notary Public has the power of proof of a perfect law. Marriage agreements are included in the category of preventive legal protection. The marriage agreement can take effect at the time the marriage takes place, the time provisions on this matter must be interpreted when the marriage has been recorded. By recording the marriage will have authentic evidence that guarantees legal certainty, namely the marriage certificate. Marriage agreements objectively provide legal protection for those who have more assets in the marriage and can minimize disputes when the marriage is broken.

Keywords: legal certainty, marriage agreements, mixed marriages

DOI: 10.7176/JLPG/92-27

Publication date: December 31^st 2019