Abstract
This Study discusses of the Constitutional Court Number 69 / PUUXIII / 2015 and the authority of a notary public in drafting a marriage agreement after the Decision of the Constitutional Court Number 69 / PUU-XIII / 2015 regarding a marriage agreement that can be made based on marriage, then immediately the Constitutional Court's decision is contrary to the book of Law Civil Procedures Articles 149, 1320, and 1338. The results of the discussion of this scientific article are the Constitutional Court Decision Number 69 / PUU-XIII / 2015 which allows the making of marriage can be done only before marriage as done in the Marriage Law Number 1 Year 1974 regarding Marriage and Article 147 of the Civil Code Book can be made or carried out in accordance with the marriage agreement after marriage, the limits of Notary Authority according to this Law in Article 15 paragraph (1), as well as in carrying out their duties the notary must refer to Article 16 paragraph (1). Keywords: The Role and authority of the Notary, The Marriage Agreement, The Constitutional Court's Decision No. 69 / PUU-XIII / 2015 DOI: 10.7176/JLPG/98-11 Publication date: June 30th 2020
Highlights
Marriage is a bond that gives birth to the family as the basis of community and state life
Article 29 Paragraph (2) of Law No 1 of 1974 concerning Marriage reads: "The agreement cannot be ratified if it violates the limits of law, religion and decency"
As for what is meant by an authentic deed based on Article 1868 of the Civil Code is: "An authentic deed is a deed which in the form determined by the law was made by or in front of public officials in power for that in the place where the deed was made"
Summary
Marriage is a bond that gives birth to the family as the basis of community and state life. As stated in Article 1 of Law Number 1 of 1974 concerning Marriage it is stated that1: "Marriage is an inner and spiritual bond between a man and a woman as a husband in order to form a happy and eternal family (household) based on the Godhead of the Almighty ". According to Ahmad Azhar Basyir, marriage is an agreement or agreement to bind oneself between a man and a woman to justify sexual relations between the two parties, on a voluntary basis to realize a happiness in family life that is filled with love and peace with ways that are blessed by Allah..
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