2020•Journal of Law Policy and GlobalizationOpen access
Marriage Agreements Post Decision of Constitutional Court No 69 Puu / Xiii / 2015 Human Rights Perspective
Nurul Miqat, Anwar Borahima, Farida Patittingi, Hasbir Paserangi
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Abstract
In Indonesia Marriage Law is accomadated into Law No. 1 of 1974 Concerning Marriage ( Law of Marriage 1974) All Provisions concerning marriage shall be governed there in, the enactment of such provision, resulting in any provisions concerning marriage which have been imposed by some previous laws, shall be deemed invalid, in accordance with the lex posterior legi priori principle. no exception, concerning property of husband and wife in the matter of wealth management, marriage law provides space for marriage couple to make an agreement on allotment of marriage property, has been determined by Law of Marriage 1974 that, every prospective bride, will be marriage men and women are allowed to make a marriage agreement, before the marriage or at the time of the ongoing branding. The vardict of the Constitutional Court No. 69 PUU/XIII/2015 make a new decition by giving more space to the married couple that marriage agreement can be made in marriage. the constitutional Court's decision provides a space for couple to make a marriage agreement, becuase one of the impacts is for mixed marriages, mixed marriage couples who do not make marriage agreements due to their ignorance of the time when the drafting of the marriage agreement, the partners cannot own land in Indonesia , due to the unification of marital property, and the prohibition of foreign nationals from owning land in Indonesia , there was a judicial review of the time marriage agreement was made, and the judge handed down a decision that the marriage agreement could be made while the was ongoing, the ruling gave a fresh breath to the couple husbnad and wife who will make a marriage agreement, especially for mixed marriage. Marriage law 1974 considered to have accommodated the interests of human rights, some rules specified in the Marriage Law in line with interests of human rights. Keywords : Marriage Agreement, Human Rights. DOI: 10.7176/JLPG/94-08 Publication date: February 29 th 2020
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