Research Article
Analysis Of the Legal Impact Before and After the Making of a Post Marriage Agreement on Joint Property (Case Study of Marriage Agreement Deed Dated February 8, 2021 Number 25)
@INPROCEEDINGS{10.4108/eai.16-4-2022.2319784, author={Arif Abdi and Faisal Santiago}, title={Analysis Of the Legal Impact Before and After the Making of a Post Marriage Agreement on Joint Property (Case Study of Marriage Agreement Deed Dated February 8, 2021 Number 25)}, proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2022}, month={8}, keywords={joint assets and debt; marriage agreement; post-marriage}, doi={10.4108/eai.16-4-2022.2319784} }- Arif Abdi
Faisal Santiago
Year: 2022
Analysis Of the Legal Impact Before and After the Making of a Post Marriage Agreement on Joint Property (Case Study of Marriage Agreement Deed Dated February 8, 2021 Number 25)
ICLSSEE
EAI
DOI: 10.4108/eai.16-4-2022.2319784
Abstract
The Sacred Court is one of the state establishments that has autonomous legal ability to complete courts to implement regulation and equity in force in the Republic of Indonesia. In view of the choice of the Protected Court Number 69/PUU-XIII/2015, the Constitutional Court somewhat permitted the solicitation regarding legitimate review of Article 29 area (1), Article 29 entry (3) and Article 29 section (4) of Law Number 1 of 1974 concerning Marriage. The itemizing of the issue is according to the accompanying: 1) Can a marriage understanding be made after the marriage occurs and 2) What is the spot of the two resources and responsibilities that are together moved by. The examination technique utilized is normalizing guideline with particular assessment. Wellsprings of legal materials used are as fundamental and helper genuine materials. The result shows: 1) Making a marriage arrangement currently isn't expected to be made before marriage, it very well may be made after marriage that. Then, at that point, the two resources and obligations possessed by the mate can be isolated and turned into the freedoms and commitments of each party. 2) That the place of joint property after the marriage understanding is confirmed, and with the presence of a positive lawful guideline which implies it isn't retroactive, Therefore the partition of the two resources and obligations will produce results after a court choice.