DAMPAK HUKUM PERJANJIAN PERKAWINAN DI TENGAH PERKAWINAN TERHADAP STATUS HARTA BENDA

Noor Haqiqi, NIM.: 14340024 (2019) DAMPAK HUKUM PERJANJIAN PERKAWINAN DI TENGAH PERKAWINAN TERHADAP STATUS HARTA BENDA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The marriage agreement carried out in the middle of marriage is the best solution of the previous article which stipulates that the marriage agreement can only be done before or at the time of marriage. After the decision of the Constitutional Court Number 69 / PUU / XIII / 2015 which granted article 29 paragraph 1.3, and 4 of Law Number 1 of 1974, there was a serious impact on the status of property of the husband and wife and the third party if carried out in the midst of marriage. Particularly in paragraph 3, the phrase stated in the article raises clarity about the distribution of property in the marriage agreement that is carried out in the middle of marriage, how the technical distribution of property is separated in the middle of marriage, whether all assets since marriage, or assets left in marriage, or assets will appear after the agreement. Thus the legal uncertainty arises in its implementation. This research is a library research with a normative approach using Statute approach, to see the legal system and the legal impact of the provisions. While the data analysis method used is analytic descriptive. In the method of compiling data using documentative techniques. The results of this study indicate that the marriage agreement carried out in the middle of marriage has a significant impact, namely the status of property in marriage into 3 parts, namely property, joint assets, and separate assets. But even though it has been divided into 3 parts, the separation from the Constitutional Court's decision does not clearly regulate it. In addition, the impact on third parties will be threatened by losses, especially those who become creditors. If the debtor's position is difficult to repay the debt.

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