Protection of Husband or Wife's Property through Marriage Agreements in National Law

Abstract

Abstract. This study aims to analyze the legal protection of marital assets through the creation of a marriage agreement deed from a national legal perspective. This study uses a normative legal research method with a statutory and conceptual approach. Data were obtained through a literature study covering primary, secondary, and tertiary legal materials. The results of the study indicate that legal protection of marital assets is based on the principle of freedom of contract as regulated in Article 1338 of the Civil Code and Article 29 of Law Number 1 of 1974 concerning Marriage. A marriage agreement provides certainty of asset status, limits liability for personal debts, and guarantees the ownership rights of each party in accordance with Philipus M. Hadjon's preventive legal protection theory. The notary's authority in making deeds is based on Article 15 paragraph (1) of the Notary Law, with formal, normative, and substantive responsibilities to guarantee a valid, authentic deed. A marriage agreement deed that meets formal and material requirements and is registered with the authorized agency has legal force that binds the parties and third parties. Thus, a prenuptial agreement becomes an important instrument in providing legal protection and certainty for the assets of husband and wife. Keywords: Assets; Legal Protection; Marriage Agreement; Notary.