Marriage Agreement During Marriage (A Postnuptial Agreement) Principle of Publicity as a Legal Protection for Creditors

Abstract

The Constitutional Court Decision Number 69/PUU/XII/2015 has an impact on the concept of a marriage contract that has applies in Indonesia. A marriage contract is known as a pre-nuptial agreement or pre-marital agreement in accordance with Article 29 paragraph (1) of the Law on Marriage, which states that a marriage contract can only be made before or when the marriage is in progress. The Indonesian people finally recognize the post nuptial agreement or post marital agreement in accordance with the Constitutional Court Decision which states that a marriage agreement can be made at the time, before it takes place or during the marriage bond. The court's decision raises legal uncertainty regarding the time of making the contract considering the essence of the previous marriage agreement is to prevent problems arising after the marriage has taken place. The principle of publicity of a post nuptial agreement is indicated to have several weaknesses that can harm third parties or creditors. Therefore, the researcher focuses on analyzing several problems, namely regarding the nature of the marriage contract according to the perspective of legal regulations in Indonesia, the binding strength of the publicity principle in the post nuptial agreement and the formulation of the publicity principle of the marriage agreements to provide legal protection for creditors.

Keywords: Marriage Agreement, Principle of Publicity, Creditor

DOI: 10.7176/JLPG/101-14

Publication date:September 30^th 2020