Prenuptial Agreement No. 11 Mengenai Harta Perkawinan Pada Akta Nikah No. 0388/83/V/2022 Perspektif Hukum Positif (Studi Kasus Kua Lowokwaru Kota Malang)

Abstract

Marriage is the primary means of creating a family. However, in marriage must have problems, one of which is related to property. Either the wife or husband can be a victim. Such conflicts stem from differences of opinion about the division of property in a marriage. As a result, marriages become strained and can even end in divorce. Thus, it is advisable for both parties to make an agreement or agreement before marriage to prevent this. The purpose of this study is to find out what are the contents of the prenuptial agreement on marital property in KUA Lowokwaru with No. 11 on the marriage certificate No. 0388/83/V/2022, knowing how the prenuptial agreement on marital property has a positive legal perspective in Indonesia. The type of research used in this study is a case study collected using various techniques such as observation, interviews, and documentation. Qualitative research methodology was used in this study. by making direct observations and collecting data in the field. Producing more thorough and in-depth learning outcomes is the goal of the interview. Photos, and written text (documents) are examples in the documentation. Data collection procedures are used for documentation that is not directly related to research participants. The result of research findings regarding the content of the marriage agreement is that the parties have reached an agreement on the terms of the agreement. In the content of the prenuptial agreement (prenuptial agreement) regarding marital property in KUA Lowokwaru with No. 11 on the marriage certificate No. 0388/83/V/2022 is that there is no mixing of the parties' assets, receivables remain their respective liabilities, property remains their own, assets purchased jointly (shares, property, etc.) become joint ownership, and assets purchased privately remain their respective property provided that there is a certificate in purchase. Meanwhile, the distribution of the assets of the husband's company "M Colection" resulting from the previous marriage is only limited to the inheritance of children, and the wife is not allowed to occupy positions or shares in the business. For this reason, a prenuptial agreement relating to marital property is permissible in a positive legal marriage agreement, provided that all the terms of the agreement do not violate any law. Similarly, in order for an agreement to be official evidence and it to be protected by law, it must be made before a notary and then ratified at the Office of Religious Affairs or Marriage Registration.

Keywords: Prenuptial Agreement, Marital Property, Marriage Certificate, Positive Law.