Juridical Analysis of the Decision of the Constitutional Court Number: 69 / PUU-XIII / 2015 on Article 29 Law Number 1 of 1974 Concerning Marriage

Abstract

Indonesia as a legal state, the presence of law in a country aims to guarantee life to protect the interests of citizens. In the Indonesian government system there are several branches of power, namely the legislative, executive and judiciary branches, the judicial power branches are the Supreme Court and the Constitutional Court. The Constitutional Court's authority is contained in Article 24 C paragraph (1) and (2) adjudicating at the first and last level whose decision is final to review the Law on the Constitution. Marriage agreement is a form of agreement that regulates assets in marriage and others. A marriage agreement is also an agreement which can affect other regulations. So with the regulation of the marriage agreement in Article 29 paragraph (1) prior to the lawsuit for judicial review to the Constitutional Court stating that the marriage agreement was made at the time, and before the marriage took place, this is what prevents many married couples from different citizens who previously were not have a marriage agreement while their interests require a marriage agreement. The decision analysis can be concluded that the Urgency of the marriage agreement in its decision No.69 / PUU-XIII / 2015 states that the importance of the marriage agreement is related to the position of shared property so that there is a separation of husband's assets with the wife's assets both regarding their respective belongings and the assets that belong to each other obtained during the marriage known as joint property. Whereas the assets obtained before their marriage period together are known as inheritance or personal property obtained after the marriage period which is usually referred to as acquisition assets. Due to the legal marriage agreement before MK Decision Number 69 / PUU-XIII / 2015, Indonesian citizens who carry out marriages mixed and does not make a marriage agreement, the Indonesian citizen may not have immovable property in the form of ownership or building rights.