PERJANJIAN KAWIN YANG TIDAK DIDAFTARKAN (STUDI KASUS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII-2015)

SURYANI, EVI and Yahanan, Annalisa (2023) PERJANJIAN KAWIN YANG TIDAK DIDAFTARKAN (STUDI KASUS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII-2015). Masters thesis, Sriwijaya University.

	Text RAMA_74102_02022682125020.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (5MB) | Request a copy
	Text RAMA_74102_02022682125020_TURNITIN.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (11MB) | Request a copy
	Text RAMA_74102_02022682125020_0025106204_01_front_ref.pdf - Accepted Version Available under License Creative Commons Public Domain Dedication. Download (3MB)
	Text RAMA_74102_02022682125020_0025106204_02.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (172kB) | Request a copy
	Text RAMA_74102_02022682125020_0025106204_03.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (160kB) | Request a copy
	Text RAMA_74102_02022682125020_0025106204_04.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (51kB) | Request a copy
	Text RAMA_74102_02022682125020_0025106204_05_ref.pdf - Bibliography Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (254kB) | Request a copy
	Text RAMA_74102_02022682125020_0025106204_06_lamp.pdf - Accepted Version Restricted to Repository staff only Available under License Creative Commons Public Domain Dedication. Download (2MB) | Request a copy

Abstract

This study aims to analyze unregistered marriage agreements in which the marriage agreement is made by the two prospective bride and groom regarding the position of assets at the time or before the marriage takes place, and is ratified by a notary. This study tries to discuss the mechanism of the marriage agreement, the role of the notary in making a marriage agreement while in a marriage, and the legal consequences of an unregistered marriage agreement. This is normative legal research the results of which show that there is a change in the mechanism and ratification of the marriage agreement so that it has expanded the meaning of the marriage agreement where it is no longer interpreted only as an agreement made before marriage (prenuptial agreement) but can also be made while in a marriage taking place (postnuptial agreement). With the provisions of the marriage agreement made while the marriage lasts, it must be carried out according to the applicable procedures, namely, it must be made with a notarial deed, legalized by a marriage registrar or notary, and must be registered. The importance of registering a marriage agreement is to fulfill the principle of publicity because it involves marital assets that must be known by a third party so that a third party is bound by the contents of the agreement if a third party is involved. And if the marriage agreement is not registered, it is only valid and binding on both parties who made the marriage agreement, the marriage agreement does not apply to third parties, in the sense that third parties can assume that there is no marriage agreement between the husband and wife concerned.

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Perjanjian Kawin; Pendaftaran; Notaris; Pihak Ketiga.
Subjects:	K Law > K Law (General) > K625-709 Persons K Law > K Law (General) > K7155-7197 Domestic relations. Family law K Law > K Law (General) > K7157-7179 Marriage. Husband and wife K Law > K Law (General) > K7265-7305 Contracts
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Evi Suryani
Date Deposited:	05 Jun 2023 05:42
Last Modified:	05 Jun 2023 05:42
URI:	http://repository.unsri.ac.id/id/eprint/106761

Actions (login required)

View Item