Marriage Agreement as A Legal Protection Measure For Marital Property in Mixed Marriages

Abstract

This study aims to analyze the position of the marriage agreement as an instrument of legal protection for property in mixed marriages, especially in providing legal protection and certainty for the control and management of marital property. This research uses normative legal research methods with a legislative approach and a conceptual approach. Primary legal materials include the Civil Code, Law Number 1 of 1974 concerning Marriage, Compilation of Islamic Law, and Constitutional Court Decision Number 69/PUU-XIII/2015, which is supported by secondary legal materials in the form of relevant books and scientific journals. The analysis was carried out qualitatively using the theory of legal protection of Philipus M. Hadjon and the theory of legal certainty of Gustav Radbruch. The novelty of this research lies in the analysis of marriage agreements as an instrument of legal protection in mixed marriages by relating aspects of legal protection and legal certainty to the position and control of property after the Constitutional Court Decision Number 69/PUU-XIII/2015. The results of the study show that the marriage agreement is a form of preventive legal protection that provides certainty for the parties in regulating the status and control of marital property. The Constitutional Court Decision Number 69/PUU-XIII/2015 also expands the space for legal protection by allowing marriage agreements to be made during the marriage bond. Therefore, consistent legal application and more comprehensive arrangements are needed so that the protection of the rights of the parties to mixed marriage can be optimally realized.