Tinjauan Yuridis Legalitas Akta Notaris No.12 Tanggal 08 Mei 2009 Sebagai Perjanjian Pembagian dan Pemisahan Harta Kekayaan Bersama yang Dibuat Pasca Perkawinan Sebagai Akibat Perceraian Ditinjau Menurut Undang-undang No. 1 Tahun 1974 tentang Perkawinan dan Putusan Mahkamah Konstitusi No. 69/puu-xiii/2015

Zaharnika, R. Fiona Andarina (2025) Tinjauan Yuridis Legalitas Akta Notaris No.12 Tanggal 08 Mei 2009 Sebagai Perjanjian Pembagian dan Pemisahan Harta Kekayaan Bersama yang Dibuat Pasca Perkawinan Sebagai Akibat Perceraian Ditinjau Menurut Undang-undang No. 1 Tahun 1974 tentang Perkawinan dan Putusan Mahkamah Konstitusi No. 69/puu-xiii/2015. Other thesis, Universitas Islam Riau.

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Abstract

Juridical Review of the Legality of Notary Deed No. 12 dated May 08, 2009 as an agreement on the division and separation of common property made after marriage as a result of divorce is reviewed in accordance with Law No. 1 of 1974 concerning Marriage and the Constitutional Court Decision No. 69/PUU-XIII/2015 that it can be carried out during the marriage bond or after the marriage in accordance with the agreement of both parties. The formulation of the problem in this thesis research is: First, how is the juridical review of the legality of Notary Deed No. 12 dated May 8, 2009 as an agreement on the division and separation of common property made after marriage as a result of divorce reviewed according to Law No. 1 of 1974 concerning Marriage and the Constitutional Court Decision No. 69/PUU-XIII/2015. Second, what are the legal consequences of the legality of Notary Deed No.12 as an agreement on the division and separation of common property made after marriage as a result of divorce reviewed according to Law No.1 of 1974 concerning Marriage and the Constitutional Court Decision No.69/PUU-XIII/2015. The research method used by the researcher in this thesis research is using normative legal research methods, namely the Statue Approach and Case Approach, which is to examine and study laws and regulations related to the subject matter of the research and the conceptual approach, which is to study views and doctrines in legal science, relevant legal concepts. Meanwhile, the nature of the research is descriptive analytical for a normative research that can provide a clear and detailed and even detailed picture systematically reviewed from the perspective of "Legality of Notary Deed No.12 dated May 8, 2009 as an agreement on the division and separation of common property". The results of the research and discussion in this thesis research are: First, the juridical review of the legality of Notary Deed No. 12 as an agreement on the division and separation of common property made after marriage as a result of divorce reviewed according to Law No. 1 of 1974 concerning marriage and the decision of the Constitutional Court No. 69/PUU-XIII/2015 is valid authentic evidence and can be used as perfect evidence at the time of trial. And the validity of the authentic deed submitted by the plaintiff, either in the form of other evidence, is able to weaken or prove the truth of the postulates of the lawsuit at trial. Second, due to the legality of the Notary Deed No. 12 as an agreement on the division and separation of common property made after marriage must be made on the basis of a mutual agreement between the husband and wife parties in the presence of a notary general official. So that the judge in giving a decision can be "The Binding Force Of Precedent or The Persuassive Force Of Precedent, that is, the decision is final and has permanent legal force.

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