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PERJANJIAN KAWIN YANG TIDAK DIDAFTARKAN (STUDI KASUS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII-2015). 

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This study aims to analyze unregistered marriage agreements in which the marriage agreement is made by the two prospective bride and groom regarding the position of assets at the time or before the marriage takes place, and is ratified by a notary. This study tries to discuss the mechanism of the marriage agreement, the role of the notary in making a marriage agreement while in a marriage, and the legal consequences of an unregistered marriage agreement. This is normative legal research the results of which show that there is a change in the mechanism and ratification of the marriage agreement so that it has expanded the meaning of the marriage agreement where it is no longer interpreted only as an agreement made before marriage (prenuptial agreement) but can also be made while in a marriage taking place (postnuptial agreement). With the provisions of the marriage agreement made while the marriage lasts, it must be carried out according to the applicable procedures, namely, it must be made with a notarial deed, legalized by a marriage registrar or notary, and must be registered. The importance of registering a marriage agreement is to fulfill the principle of publicity because it involves marital assets that must be known by a third party so that a third party is bound by the contents of the agreement if a third party is involved. And if the marriage agreement is not registered, it is only valid and binding on both parties who made the marriage agreement, the marriage agreement does not apply to third parties, in the sense that third parties can assume that there is no marriage agreement between the husband and wife concerned.

Availability
Inventory Code Barcode Call Number Location Status
2307002059T106761T1067612023Central Library (Referens)Available
Detail Information
Series Title
-
Call Number
T1067612023
Publisher
Palembang : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya.,
Collation
xiii, 103 hlm.; 29 cm
Language
Indonesia
ISBN/ISSN
-
Classification
346.010 7
Content Type
Text
Media Type
unmediated
Carrier Type
-
Edition
-
Subject(s)
Hukum Keluarga, Hukum Pernikahan
Prodi Magister Kenotariatan
Specific Detail Info
-
Statement of Responsibility
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No other version available

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