Legal Protection of Husband and Wife That Make a Marriage Agreement after Marriage before the Constitutional Court of Destitution No: 69 / PUU-XIII / 2015 (Study: Against P envoy East Jakarta District N omor: 2173 / Pdt.P / 2012 and Number : 459 / Pdt / P / 2007)

Abstract

The marriage agreement is an alternative prepared in marriage by a prospective husband and wife who want to limit their rights and obligations, especially regarding assets. In paragraph 1 of Article 29 of the Marriage Law No. 1 of 1974 clearly stated that the marriage agreement must be carried out at the time or before the marriage took place, it is also regulated in Article 147 of the Code of Civil Law which states that the marriage agreement must be made with a notarial deed and must be made before the marriage takes place. P No 2015 of the Constitutional Court issued a decision No. 69 / PUU-XIII / 2015 that allows doing pmarriage agreement after marriage. However, prior to the issuance of the Constitutional Court Decision Number 69 / PUU-XIII / 2015 which added to the dictum of Article 29 of Law Number 1 of 1974 concerning Marriage, the marriage agreement made after the marriage remained legally valid. Problems that could be formulated were legal protection for married couple who entered into a marriage agreement after marriage before the issuance of the Constitutional Court Decision Number: 69 / PUU-XIII / 2015 associated with the East Jakarta District Court Decision number: 2173 / Pdt.P / 2012 and number: 459 / Pdt / P / 2007 and the consequences the law of the marriage agreement