Akta Perjanjian Perkawinan: Analisis Perbandingan Antara Hukum Islam Dan Hukum Positif Serta Kedudukanya Terhadap Harta Perkawinan

Abstract

The marriage agreement regulated in Article 29 of the Law on Marriage number 1 of 1974 not only regulates the matter of property and the consequences of marriage but also includes the rights / obligations that must be fulfilled by both parties as long as the agreement does not conflict with the boundaries. law, religion and morality. Meanwhile, the marriage agreement in Islamic law does not explicitly provide the purpose of the marriage agreement. In Islamic law, this marriage agreement is only valid if it is made before or at the time of marriage, in accordance with the provisions of Article 47 paragraph (1) KHI. The factors that cause the marriage agreement So that the parties are protected from the possibility of arbitrary action by the spouse on the property brought into the marriage. Meanwhile, according to Islamic law the agreement may not conflict with Islamic law, so the Islamic Marriage Law applies. The position of the marriage agreement if it is linked to joint assets in marriage to the separation of joint assets after the marriage or during the marriage period has a strong position after the Court's decision. The Marriage Agreement must receive special attention because the consequences are related to the position of the husband and wife's assets which can affect civil relations with third parties. Marriage agreements that are made throughout the marriage must be reported by the employee registration of the marriage so that it binds third parties and provides legal certainty and legal protection for the parties.