Juridical Review of Pre-Marital Agreement in the Protection of Husband and Wife's Property

Abstract

This research aims to examine the effectiveness of pre-nuptial agreements in preventing post-divorce property disputes in the perspective of Indonesian law. The method used is normative legal research with a statutory approach and conceptual approach. The results show that a pre-nuptial agreement has binding legal force if it fulfills the legal requirements of an agreement based on Article 1320 of the Civil Code and is registered in accordance with the provisions of Article 29 of Law Number 1 of 1974 and Constitutional Court Decision No. 69/PUU-XIII/2015. The existence of this agreement has proven to be able to prevent conflicts over the division of joint property because it has regulated the division of rights and ownership from the start. However, its implementation still faces obstacles in the form of social stigma, low legal understanding, and lack of socialization from related institutions. In addition, pre-nuptial agreements are related to the principles of Islamic family law regarding the separation of property, so harmonization between civil law and sharia principles is needed. The potential cancellation of the agreement due to formal or substantive defects indicates the urgency of strengthening technical regulations and the role of notaries in validation. This research recommends increased legal education and the establishment of technical regulations as concrete steps to optimize legal protection through pre-marital agreements.