Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)

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Nuptial Agreement Following the Decision of the Constitutional Court of the Republic of Indonesia Number 69/PUU-XIII/2015

Authors
Benny Djaja
Corresponding Author
Benny Djaja
Available Online 12 December 2020.
DOI
10.2991/assehr.k.201209.012How to use a DOI?
Keywords
Marriage Law, legal provisions on nuptial agreement, nuptial agreement, marriage properties, Decision of the Constitutional Court of the Republic of Indonesia Number 69/PUU-XIII/2015
Abstract

The most common form of nuptial agreement contains only the arrangement between a husband and a wife with regards to their marriage properties. In essence, however, a nuptial agreement could accommodate every terms agreed upon by the husband and wife concerned, without limitation to strictly matters of marriage properties, insofar as said terms are not against the laws, religious norms, and proper customs. There exists several distinctions on the legal provisions concerning nuptial agreement in the Indonesian Civil Code (ICC) and the Law of the Republic of Indonesia Number 1 Year 1974 concerning Marriage (hereinafter referred to as “Marriage Law”). Furthermore, issuance of the Decision of the Constitutional Court of the Republic of Indonesia Number 69/PUU-XIII/2015 as announced on October 27th 2016 has since altered the provisions concerning nuptial agreement in the Marriage Law significantly. The distinctions prominent of these three sources of legal provisions on nuptial agreement will be elaborated here.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
12 December 2020
ISBN
978-94-6239-294-6
ISSN
2352-5398
DOI
10.2991/assehr.k.201209.012How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

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TY  - CONF
AU  - Benny Djaja
PY  - 2020
DA  - 2020/12/12
TI  - Nuptial Agreement Following the Decision of the Constitutional Court of the Republic of Indonesia Number 69/PUU-XIII/2015
BT  - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
PB  - Atlantis Press
SP  - 91
EP  - 98
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.012
DO  - 10.2991/assehr.k.201209.012
ID  - Djaja2020
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