Marriage Agreements Post Decision of Constitutional Court No 69 Puu / Xiii / 2015 Human Rights Perspective

Nurul Miqat ,Anwar Borahima ,Farida Patittingi ,Hasbir Paserangi

doi:10.7176/jlpg/94-08

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

Highlights

The context of the application of human rights itself in the human life cycle, in the civil law side2: a) First, before man is born, that is, not yet as a full legal subject; b) Secondly, after becoming a legal subject, before adulthood, where all interests are still represented by parents and guardians c) At the time of maturity and perform activities on their own responsibility When drawn backward, the development of human rights, globally, began after world war 2 with the birth of various international legal instruments on Human Rights, the United Nations charter, Article 55, has given a mandate ti the UN member states to promote and implement the principles fundamental human rights without discrimination based on race, ethnicity, gender, religion and language.3 Likewise in the context of marriage law especially in the making of marriage agreement, in the third stage of human rights can be implicated into it
On December 22, 1973, the People's Representative Council (PRC) approved the 1973 Marriage Bill (MB 1973) into Law, and on January 2, 1974, the Government has promulgated it in the State Gazette of the Republic of Indonesia Number 1 of 1974 under the name of Law of the Republic of Indonesia Number 1 Year 1974 on Marriage (Law of Marriage)
Isna applies for the examination of several Articles and considers that the Articles, among others, Article 3 (1) and (2), Article 4 paragraph (1) and (2), Article 5 paragraph (1), Article 9, Article 15, and Article 24 of the Marriage Law has reduced the right to freedom of worship according to its religion, namely to worship polygamy

Summary

Introduction

The context of the application of human rights itself in the human life cycle, in the civil law side2: a) First, before man is born, that is, not yet as a full legal subject; b) Secondly, after becoming a legal subject, before adulthood, where all interests are still represented by parents and guardians c) At the time of maturity and perform activities on their own responsibility When drawn backward, the development of human rights, globally, began after world war 2 with the birth of various international legal instruments on Human Rights, the United Nations charter, Article 55, has given a mandate ti the UN member states to promote and implement the principles fundamental human rights without discrimination based on race, ethnicity, gender, religion and language.3 Likewise in the context of marriage law especially in the making of marriage agreement, in the third stage of human rights can be implicated into it.

Results

Conclusion