AKIBAT HUKUM ADANYA PERJANJIAN KAWIN PISAH HARTA BERSAMA SETELAH PERCERAIAN (STUDI PUTUSAN NOMOR :559/PDT/2016/PT SMG)

TATIANA, LAURA FEVRIYELIEN and Sofyan, Hasan and Hamid, Kemas Abdullah (2023) AKIBAT HUKUM ADANYA PERJANJIAN KAWIN PISAH HARTA BERSAMA SETELAH PERCERAIAN (STUDI PUTUSAN NOMOR :559/PDT/2016/PT SMG). Masters thesis, Sriwijaya University.

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Abstract

A prenuptial agreement is a premarital agreement made before marriage. A premarital agreement is a written contract made by a prospective husband and wife before or at the time the marriage takes place to regulate the consequences of the marriage on their wealth. Based on the Article 128 of the Indonesian Civil Code, the consequence of a divorce is that the joint wealth of the husband and wife must be divided between them without questioning which party the goods come from. The consequences of a divorce can deviate from what it should be if a husband and a wife mutually agree to make a marriage agreement before their marriage. In decision Number 559/PDT/2016/PT SMG, it is known that before their marriage the husband and the wife had legally made a prenuptial agreement before the notary. However, in the lawsuit the ex-wife sued the ex-husband for assets in the form of movable or immovable property owned by her former husband to become her own asset which she bought by herself. This journal article is a type of normative writing with primary, secondary and tertiary sources of legal materials. The objectives of this study are to analyze the status of the prenuptial agreement of assets separation against the assets of the husband and the wife after the divorce, and to analyze the contents of the decision Number 559/Pdu/2016/PT SMG regarding the assets of the husband and the wife with the status of the prenuptial agreement of assets separation. The results of the study reveal that the existence of the prenuptial agreement of assets separation causes no joint assets in the marriage because the agreement has regulated the rights and the obligations of the parties in the marriage. If there is a divorce between them, there is no division of joint assets because they have agreed on the separation of their assets, debts and income during the marriage period. The judge's consideration in this decision is based on the evidence of the parties where the parties can prove the evidence of purchasing assets through purchase receipts or credit agreements with the third parties.

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Harta Bersama, Perkawinan, Perjanjian Kawin
Subjects:	K Law > K Law (General) > K600-615 Private law K Law > K Law (General) > K670-709 Domestic relations. Family law K Law > K Law (General) > K7157-7179 Marriage. Husband and wife K Law > K Law (General) > K720-792 Property K Law > K Law (General) > K840-917 Contracts
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Laura Fevriyelien Tatiana
Date Deposited:	05 Jun 2023 03:15
Last Modified:	05 Jun 2023 03:15
URI:	http://repository.unsri.ac.id/id/eprint/105764

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