PERSPEKTIF HUKUM PEMBUATAN PERJANJIAN PRA NIKAH PASCA PUTUSAN MAHKAMAH KONSTITUSI No. 69/PUUXIII/2015

Abstract

The Constitutional Court Decision No. 69/PUU-XIII/2015 has changed the legal perspective regarding prenuptial agreements in Indonesia by allowing such agreements to be considered valid as long as they fulfill formal and material requirements in accordance with the Marriage Law, are made based on mutual consent of the parties, do not cause harm, and do not contradict legal and social norms. Prenuptial agreements must also uphold the principles of justice and balance, particularly in regulating joint property by considering the contributions of each party. This study employs a normative legal research method by analyzing the Constitutional Court decision and related regulations, as well as examining the implementation of prenuptial agreements made before a notary in the form of an authentic deed, starting from identity submission, formulation of the parties’ intentions, to the issuance of the deed as valid legal evidence. Furthermore, the agreement must be registered at the Office of Religious Affairs or the Civil Registry Office to obtain binding legal force toward third parties. Thus, prenuptial agreements function as a legal instrument to anticipate disputes, particularly regarding the division of property in the event of divorce.