Nuptial Agreement Following the Decision of the Constitutional Court of the Republic of Indonesia Number 69/PUU-XIII/2015

Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020) Pub Date : 1900-01-01 DOI:10.2991/assehr.k.201209.012

B. Djaja

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Abstract

The most common form of nuptial agreement contains only the arrangement between a husband and a wife with regards to their marriage properties. In essence, however, a nuptial agreement could accommodate every terms agreed upon by the husband and wife concerned, without limitation to strictly matters of marriage properties, insofar as said terms are not against the laws, religious norms, and proper customs. There exists several distinctions on the legal provisions concerning nuptial agreement in the Indonesian Civil Code (ICC) and the Law of the Republic of Indonesia Number 1 Year 1974 concerning Marriage (hereinafter referred to as “Marriage Law”). Furthermore, issuance of the Decision of the Constitutional Court of the Republic of Indonesia Number 69/PUU-XIII/2015 as announced on October 27 2016 has since altered the provisions concerning nuptial agreement in the Marriage Law significantly. The distinctions prominent of these three sources of legal provisions on nuptial agreement will be elaborated here.

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印度尼西亚共和国宪法法院第69/PUU-XIII/2015号判决后的婚姻协议

最常见的婚姻协议形式只包括丈夫和妻子之间关于他们的婚姻财产的安排。但是，从本质上讲，一份婚姻协议可以容纳有关的丈夫和妻子商定的每一项条款，但不限于严格的婚姻财产问题，只要所述条款不违反法律、宗教规范和适当的习俗。《印度尼西亚民法典》和印度尼西亚共和国1974年第1号关于婚姻的法律(下称“婚姻法”)中关于婚姻协议的法律规定存在若干区别。此外，2016年10月27日公布的印度尼西亚共和国宪法法院第69/PUU-XIII/2015号决定大大改变了《婚姻法》中有关婚姻协议的规定。本文将阐述这三种婚姻协议法律条款来源的突出区别。

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Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)

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