Abstract:
The impact of the joint property after marriage experienced by Intermarriages, which
without marriage agreements Indonesian citizens who are married to foreigners
cannot have ownership and building rights and marriage agreements can only be
made before and at the time of marriage. With these problems, examination for
UUPA and the Marriage Law, with the issuance of the Makahmah Decision the
Constitution Number: 69 / PUU-XIII / 2015 provided significant changes in the
Marriage Law by stating that the Marriage Agreement can be made after Marriage
(Postnuptial Agreement). This research was conducted to find out how the
implementation of the Decision was based on the Law of Marriage as well as the
comparison of arrangements for postnuptial agreement based on law in Singapore and
the Netherlands. The results obtained from this study, the implementation of the
marriage agreement after the decision of the Makahmah Constitution Number: 69 /
PUU-XIII / 2015 has opened new opportunities for Indonesian citizens who carry out
intermarriage to obtain ownership rights and use rights to land. and the postnuptial
agreement in Singapore must be based on contract law and adjusted to Woman‟s
Charter and legalized by the court. While the postnuptial agreement after marriage in
the Netherlands is regulated based on the Dutch Civil Law Book 1 and Book 6, the
marriage agreement after marriage in the Netherlands must be in the form of a Notary
Deed and legalized by a court decision.
