Analisis Yuridis Terhadap Pemisahan Harta Yang Dibuat Pasca Perkawinan Menurut Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan (Studi Kasus Penetapan Pengadilan No. 207/PDT/P/2005/PN.JKT.TMR)

Julisar, Julisar (2021) Analisis Yuridis Terhadap Pemisahan Harta Yang Dibuat Pasca Perkawinan Menurut Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan (Studi Kasus Penetapan Pengadilan No. 207/PDT/P/2005/PN.JKT.TMR). Other thesis, Universitas Islam Riau.

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Abstract

Basically, a marriage agreement is an agreement between a prospective husband and a future wife to make an arrangement in their household in relation to their assets which deviates from the provisions concerning the association of assets. In the provisions of Article 147 of the Civil Code and Article 29 of Law Number 1 of 1974 concerning marriage, it is stipulated that legal actions regarding the marriage agreement can only be carried out before or at the time of the marriage. The main problems include, What is the Legal Position of the Separation of Assets Made Post-Marriage in View of Law No. 1 of 1974 concerning Marriage (Case Study of Court Ruling No. 207 / Pdt.P / 205 / PN.JKT.TMR). What are the legal consequences for the separation of assets made after marriage in terms of Law no. 1 of 1974 concerning Marriage (Case Study of Court Ruling No. 207 / Pdt.P / 2005 / PN.JKT.TMR. This type of research is normative legal research. The nature of descriptive analytical research. The data used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Furthermore, drawing conclusions in an inductive manner, starting from the specific to the general ones. Research Results: First, the legal position of a marriage agreement made by a husband and wife after the marriage is carried out by submitting an application for a District Court Decision, this kind of legal action is not regulated in the provisions of the Civil Code and in the provisions of the Marriage Law. However, the basis and consideration of the Judge in deciding the request for the determination is the agreement between the two husband and wife, their negligence and ignorance of the provisions for making a marriage agreement that must be made before marriage. This is done because the District Court is a highly respected legal institution, where legal products must be obeyed by anyone. Second, the legal consequence of making a marriage agreement after marriage is that it binds both parties, namely husband and wife, the legal consequence of the position of property is that it becomes separate from one another, while for third parties, it has binding power, as long as the stipulation is made, the third party does not feel disadvantaged.

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