EFEKTIVITAS PERJANJIAN PERKAWINAN DALAM PENCEGAHAN PERCERAIAN DI KABUPATEN LABUHANBATU

Siti Aminah S.H, NIM.: 23203012033 (2025) EFEKTIVITAS PERJANJIAN PERKAWINAN DALAM PENCEGAHAN PERCERAIAN DI KABUPATEN LABUHANBATU. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study is motivated by the increasing number of divorce cases and property disputes in Labuhanbatu Regency, which reflects the weak public understanding and utilization of prenuptial agreements as a legal protection instrument. Although prenuptial agreements have a strong legal basis through Law Number 1 of 1974 on Marriage, the Islamic Law Compilation, and the Constitutional Court Decision Number 69/PUU-XIII/2015, their application in society remains limited, often perceived as taboo and associated with a lack of trust between partners. Furthermore, low legal literacy and minimal legal outreach provided by KUA, notaries, and the civil registry office contribute to the limited effectiveness of this instrument in preventing domestic disputes. This research is a field study employing a juridical-sociological approach. Data were analyzed using descriptive-qualitative methods, while data collection techniques included observation, interviews, and documentation. The theories used in this study include legal effectiveness and prenuptial agreements. The findings reveal that some couples have begun to utilize prenuptial agreements to regulate personal assets, marital property, and economic responsibilities as preventive measures against family disputes. However, their effectiveness remains limited due to low legal awareness, insufficient interagency coordination, and strong local cultural norms that resist the practice. The study concludes that prenuptial agreements have significant potential to strengthen family resilience if supported by improved legal literacy, enhanced institutional outreach, and more culturally adaptive approaches. These findings are expected to contribute to the development of family law policies at both regional and national levels.

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