Keabsahan Perjanjian Perkawinan Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan
Keabsahan Perjanjian Perkawinan Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan
Keabsahan Perjanjian Perkawinan Menurut Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan
The focuses on this article are characteristics of prenuptial agreement, limitation of the prenuptial
agreements substance based on Act No. 1 Year 1974 on Marital and legal effect of breaching the prenuptial
agreement to marriage. The prenuptial agreement as regulated in the article 29, Act No. 1 Year 1974 can
be classified as a domestic contract. The ultimate requirement of prenuptial agreement is meeting of mind
between the parties in determining the clauses. Basically, the substance of prenuptial agreement is
regulating the matrimonial assets. In fact, the parties also put the other thing inside the agreement. The
limitation of prenuptial agreements substance regulated in article 29 section (2) are law/regulation,
religion principles and morality. Through the article 66, Act No.1 Year 1974 on Marital, the parties may
use other regulation of family law in Indonesia such as Civil Code (Burgerlijk Wetboek) and Compilation
of Islamic Law, as references for the parties to arrange the prenuptial agreement. In some cases, those
regulation give different border about the prenuptial agreement. The legal effect of breaching the
prenuptial agreement cannot be a reason to divorce. The prenuptial agreement regarding with matrimonial
assets is binding to the third party. Besides the matrimonial assets, the clauses are only binding to the
parties internally.
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