Legal Protection of The Wife's Property in Marriage by Making a Marriage Agreement Made in a Notary Provision

Nur Ismi Hanifah


The problems in this research are: 1)How legal protection of the wife's property in the marriage agreement? 2) what are the constraints in implementing the marriage agreement made before a notary before and after the Marriage Law is enacted? 3) what is the authority and responsibility of the notary in making marriage agreement deeds?

The approach method used in this research is a juridical empirical approach. The specifications of this research are descriptive analytical, data sources are primary and secondary data, data collection methods use literature study, data analysis methods with qualitative analysis.

Results of the research: 1) legal protection of assets in a marriage marriage agreement can only be done when a marriage is taking place. In accordance with Article 1338 of the Civil Code and the Marriage Law in Article 29, the contents of the agreement must be carried out in good faith by taking into account the provisions of law, religion, moral norms and public order. 2) Constraints in implementing the marriage agreement in the absence of good faith from the parties. The solution is that the notary should ensure that the deed he has drawn up has been registered at the authorized office so that it does not harm the parties. 3) The authority and responsibility of a notary is limited to the content of the agreement which has fulfilled the legal requirements of the agreement based on Article 1320 of the Civil Code, so he cannot be prosecuted in court.

Keywords: Legal Protection, Wife's property in marriage, Notary

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Legal Reconstruction in Indonesia Based on Human Right
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