ANALYSIS OF THE IMPLEMENTATION OF THE PRINCIPLE OF FREEDOM OF CONTRACT IN MARRIAGE AGREEMENTS AND THEIR LEGAL EFFECTS
Abstract
Marriage contracts are governed by Law Number 1 of 1974 on Marriage, specifically under Article 29. The idea of freedom of contract, a fundamental tenet of civil law, gives parties the autonomy to establish the substance, terms, and circumstances of their agreement. Marriage agreements may be dissolved owing to three factors: 1) Death, 2) Divorce, 3) Judicial Ruling. The termination of a marital agreement owing to divorce is shown in decision number 1499 / Pdt.G / 2021 / PA.Bpp. This research aims to assess the application of the concept of freedom of contract in marriage agreements and the legal ramifications of such agreements resulting from divorce, as shown by decision number 1499 / Pdt.G / 2021 / PA.Bpp. The used approach is the normative juridical technique, this method examines literature materials, analyzes statutory provisions, and applicable legal principles. Research related to this research and seeks data sources in related literature.
Keywords
Full Text:
PDFReferences
OF JOINT PROPERTY DISPUTE SETTLEMENT AFTER DIVORCE.
Al-Ghifarry, I., Ja'far, AK, & Faizal, L. (2021). The Urgency of Marriage Agreement in Forming a Sakinah Family from the Perspective of Islamic Family Law. Al-Manhaj: Journal of Islamic Law and Social Institutions, 3(2), 180–202.
Directorate General of Islamic Religious Institutional Development. (2000). Legal Counseling Materials PP No.9 of 1975 concerning the Implementation of Law No.1 of 1974 concerning Marriage. Ministry of Religion of the Republic of Indonesia.
Hidayah, N., & Muhiddin, N. (2023). Legal Analysis of Prenuptial Agreements and Their Legal Consequences. Journal of Pustaka Cendekia Law and Social Sciences, 1(1).
Istrianty, A., & Priambada, E. (2016). Legal Consequences of Marriage Agreements Made After Marriage Has Taken Place. Private Law, 3(2).
Kusuma, RW (2010). Making a Marriage Agreement After Marriage and Its Legal Consequences for Third Parties (Case Study of the Decision of the East Jakarta District Court Number. 207/Pdt. P/2005/PN. Jkt. Tmr and the Decision of the District Court Number. 459/Pdt. P/2007/PN. Jkt. Tmr). In Doctoral dissertation.
Mokoagow, F. (2021). The Importance of Marriage Agreements in Marriage and Divorce in Anticipating Joint Property According to the Civil Code. Lex Privatum, 9(2).
Nagara, B. (2016). Division of Marital Assets or Joint Assets After Divorce According to Law Number 1 of 1974. Lex Crimen, 5(7).
Article 45 of the Compilation of Islamic Law (KHI). (nd).
Rafindi, Ayu, IK, & Syafudin, A. (2024). Legal consequences of unregistered marriage contracts (Case Study of the Decision of the East Jakarta District Court Number: 443/Pdt.P/2021/PN. Jkt. Tim). Jurnal Dinamika, 3(2), 10225–10241.
Ramadhani, BA, & Ramadhani, DA (2024). Marriage Registration Law and its Legal Consequences (Comparison of Marriage Registration Law in Indonesia and Brunei Darussalam). Journal of Legal Interpretation, 5(1), 846–855.
Sopiyan, M. (2023a). Analysis of Marriage Agreements and Their Consequences According to Marriage Law in Indonesia. Misykat Al-Anwar Journal of Islamic and Community Studies, 6(2), 175–190.
Sopiyan, M. (2023b). Analysis of Marriage Agreements and Their Consequences According to Marriage Law in Indonesia. Misykat Al-Anwar Journal of Islamic and Community Studies, 6(2), 175–190.
Thalib, S. (2009). Indonesian Family Law. University of Indonesia.
Law Number 1 of 1974 Concerning Marriage Article 29. (nd).
DOI: https://doi.org/10.24815/sklj.v8i3.43374
Article Metrics
Abstract view : 0 timesPDF - 0 times
Copyright (c) 2024 Syiah Kuala Law Journal
This work is licensed under a Creative Commons Attribution 4.0 International License.
