Akibat Hukum Perjanjian Perkawinan yang Bertujuan sebagai Sarana Perlindungan Pihak dalam Perkawinan

Abstract

Marriage agreement can be used as an agreement between a husband and wife to enter the household ark, to avoid household failures because marriage does not always go according to what is dreamed of in the sense of a sakinah, mawaddah, and warrahmah family. Marriage as a legal act which is an act that contains rights and obligations for the individuals who do it. A man and a woman after marriage will have legal consequences, namely regarding the legal relationship between husband and wife and marital property and their income. In Article 1 of UU No. 1 of 1974 concerning Marriage, it is stated that marriage is an inner relationship between husband and wife which aims to form a happy family and maintain it based on their beliefs. Undang-Undang Perkawinan explains in more detail related to marriage compared to the Undang-Undang Hukum Perdata. UU No. 1 of 1974 has the view that religion has an important role in marriage, while the Undang-Undang Hukum Perdata does not discuss religion in marriage. The type of method used is qualitative research methods in descriptive analysis methods. The approach used for solving existing problems is juridical-normative. The legal consequence of marriage is the creation of property that appears at the time of marriage, where the property comes from joint property and personal property brought at the time of the marriage. So that if there is a divorce, the assets are divided according to the marriage agreement that has been agreed by both parties. The marriage agreement made by a married couple is valid starting from the moment that marriage takes place, by recording an authentic deed made before a notary and a marriage certificate recorded by a marriage registration firm. By the presence of agreement there will be legal force which guarantees legal certainty.