Marriage Agreements Post Decision of Constitutional Court No 69 Puu / Xiii / 2015 Human Rights Perspective

Nurul Miqat, Anwar Borahima, Farida Patittingi, Hasbir Paserangi


In Indonesia Marriage Law is accomadated  into Law No. 1 of 1974 Concerning Marriage ( Law of Marriage 1974) All Provisions concerning  marriage shall be  governed there in, the enactment of such  provision, resulting in any provisions concerning marriage which  have  been imposed by some previous laws, shall be deemed invalid, in accordance with the lex posterior legi priori principle. no exception, concerning  property of husband and wife in the matter of wealth management, marriage  law provides  space for marriage  couple  to make an agreement  on allotment of marriage property, has been determined by Law of Marriage 1974 that,  every prospective bride, will be marriage  men and women  are allowed  to make a marriage agreement, before the marriage  or at the time of the ongoing branding. The vardict of the Constitutional Court No. 69 PUU/XIII/2015  make a new decition  by giving more  space to the married couple  that marriage agreement can be made in marriage. the constitutional  Court's  decision provides a space for couple to make  a marriage agreement, becuase one of the impacts is for  mixed marriages,  mixed marriage couples who do not make marriage agreements due to their ignorance of the time when  the drafting of the marriage agreement, the partners cannot own land in Indonesia , due to the unification of marital property, and the prohibition of foreign nationals from owning land in Indonesia , there was a judicial review of the  time marriage agreement was made, and the judge handed down a decision that the marriage agreement could be made while the was ongoing, the ruling gave a fresh breath  to the couple  husbnad and wife  who will make  a marriage  agreement, especially for mixed marriage. Marriage law 1974 considered to have  accommodated the interests of human rights, some rules specified in the Marriage Law in line with interests  of human rights.

Keywords : Marriage Agreement, Human Rights.

DOI: 10.7176/JLPG/94-08

Publication date: February 29th 2020

Full Text: PDF
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