Legal Certainty of Marriage Agreement Concerning Immovable Property in Mixed Marriages in The Perspective of The Constitutional Court Decision Number: 69/PUU-XII/2015

Ella Vrisca Gino Faniya, I Nyoman Sujana and dan I Ketut Kasta Arya Wijaya
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Ella Vrisca Gino Faniya: Postgraduate Master Student of Notarial Affairs at Warmadewa University
I Nyoman Sujana: Lecturer of Faculty of Law and Master of Notarial Affairs Postgraduate Program of Warmadewa University
dan I Ketut Kasta Arya Wijaya: Master of Notary Affairs, Postgraduate Program, Warmadewa University, Bali-Indonesia

International Journal of Research and Innovation in Social Science, 2023, vol. 7, issue 7, 1417-1426

Abstract: This research is a normative legal research that examines the legal certainty of marriage agreements regarding immovable property in mixed marriages in the perspective of the Constitutional Court decision number: 69/PUU-XII/2015, the focus of the study in this research is regarding the legal protection of property does not move the parties in mixed marriages in the perspective of the decision of the Constitutional Court number: 69/PUU-XII/2015. This is the focus of research because of the marriage agreement after the Constitutional Court decision number: 69/PUU-XII/2015, which until now there is still no legal uncertainty regarding immovable property in mixed marriages. Related to this juridical phenomenon, the theories that will be used in this study are the theory of legal certainty, the theory of legal protection and the theory of justice, using statutory approaches, interpretation approaches, comparative approaches, and conceptual approaches, after analysis it is found that, in Mixed marriages in order to provide legal protection for the immovable property of the parties, there must be a marriage agreement in the marriage. For a marriage agreement made after the marriage has taken place, it must be determined that the agreement is valid from the time the marriage takes place or a list of assets owned during the marriage takes place, provided that the assets registered in the names of each husband and wife belong to the individual husband and/or wife.

Date: 2023
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