The Role and Authority of Notaries in the Making of a Marriage Agreement in Positive Law in Indonesia

Abstract

This Study discusses of the Constitutional Court Number 69 / PUUXIII / 2015 and the authority of a notary public in drafting a marriage agreement after the Decision of the Constitutional Court Number 69 / PUU-XIII / 2015 regarding a marriage agreement that can be made based on marriage, then immediately the Constitutional Court's decision is contrary to the book of Law Civil Procedures Articles 149, 1320, and 1338. The results of the discussion of this scientific article are the Constitutional Court Decision Number 69 / PUU-XIII / 2015 which allows the making of marriage can be done only before marriage as done in the Marriage Law Number 1 Year 1974 regarding Marriage and Article 147 of the Civil Code Book can be made or carried out in accordance with the marriage agreement after marriage, the limits of Notary Authority according to this Law in Article 15 paragraph (1), as well as in carrying out their duties the notary must refer to Article 16 paragraph (1).

Keywords: The Role and authority of the Notary, The Marriage Agreement, The Constitutional Court's Decision No. 69 / PUU-XIII / 2015

DOI: 10.7176/JLPG/98-11

Publication date:June 30th 2020