LEGAL ANALYSIS OF CONSTITUTIONAL COURT DECISION NUMBER: 69/PUU-XIII/2015 REGARDING POSTNUPTIAL AGREEMENT

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.