ANALISIS YURIDIS PERJANJIAN PISAH HARTA YANG DIBUAT SETELAH PERKAWINAN (STUDI PENELITIAN KANTOR PEJABAT PEMBUAT AKTA TANAH ARIF RAHMAN HAKIM S.H., M.Kn. DI KOTA BATAM)

Abstract

The juridical analysis of Postnuptial Agreement study of Land Titles Registrar Arif Rahman Hakim in Batam intended to discuss the order of law for Postnuptial Agreement, the implemen-tation and obstacle of the Postnuptial Agreement in Batam. The study hope to find the juridical analysis of Postnuptial Agreement in Batam. This study used legal research to collect secondary data from library research in the form of Law Regulation and books and field research to collect its primary data in the form of interview with the respondent. The result of the study shows that the order of law for Postnuptial Agreement are based on the Order of Constitutional Court No. 69/PUU-XIII/2015 of 2015 where the law explained that Postnuptial Agreement itself allowed to be made in the time of marriage with notes that the agreement can’t be changed or revoked without the agreement of both party and the Postnuptial had to be made in the form of authentic deed. The conclusion of the study is the regulation for the Postnuptial Agreement are in the Order of Constitutional Court No. 69/PUU-XIII/2015 of 2015 and the obstacle based on the study shows Postnuptial Agreement have a negative viewing in society. There are also inexistence of law about the boundaries of what can and what can’t be included in the Postnuptial Agreement. Therefore, there is need for the law maker to add the regulation for the Postnuptial Agreement and for the government to reach out about the importance of Postnuptial Agreement .