Ayuningtyas, Lestari Diah (2016) AKIBAT-AKIBAT HUKUM PERJANJIAN PRA NIKAH TENTANG HARTA BERSAMA YANG DIBUAT DENGAN AKTA AUTENTIK DI WILAYAH HUKUM PURWOKERTO. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
Agreement on pre-marital community property made by the prospective husband and wife at the time or before the marriage took place, through the agreement on pre-marital joint property of the parties can determine their innate treasure masing.Berdasarkan Article 29 of the abovementioned agreement yangdiadakan mating between husband and wife is an agreement written. Furthermore, the mating emotion has made agreements registered in the Registrar of the District Court within its jurisdiction the marriage took place. The goal is to fulfill the principle of publicity. Based on the above background, the author will carry out the study titled "Effects of Pre-Marriage Law On Agreement On Joint Treasure Made With Authentic Act Jurisdiction InPurwokerto". The research objective is to identify and explain the agreement on the joint property before marriage in front of a notary in the jurisdiction in Purwokerto, and to identify and explain the legal consequences of pre-marital community property agreement before a notary in the jurisdiction of Purwokerto. Based on qualitative analysis known that the agreement on the joint property before marriage in front of a notary public in the jurisdiction in Purwokerto made by the prospective husband and wife at the time or before the marriage took place approved by employees marriage registrar as stipulated in Law No. 1 of 1974 on Marriage Article 29 which asserts that the treaty must not violate the limits of the law, religion and morality, it can mean regarding anything, including concerning the separation of joint property, and during this time the agreement does not contain things that are forbidden or unlawful and contrary to the nature and purpose of marriage itself. The reason the parties to make an agreement about the joint property before marriage is to protect legally treasure bawaaan each party (husband / wife), because the existence of the marriage covenant, can distinguish which is the personal property of each is unnecessary subdivided means marriage agreement can serve as a media law to resolve domestic problems that had to be ended, either divorce or death. Of the legal consequences of pre-marital community property agreement before a notary and has been endorsed by the registrar employees marriage / marriage binding and valid as the Law for the prospective husband and wife and a third party, to the extent that stuck. If the marriage agreement that has been made husband and wife are not implemented or a violation of the agreement made, it automatically entitles the wife to request cancellation of a marriage or a divorce is the reason, it is as stated in section 51 reads as follows: Violation of the marriage agreement entitles the wife to ask for the cancellation of marriage or divorce is filed as an excuse to the Religious Courts . Covenant marriage that meets the terms of the validity of treaties under Article 1320 of the Civil Code and the special requirements pursuant to section 29 of Act No. 1 of 1974 , ( have disahkna by employees recorder marriage ) should be deemed valid in accordance with the Law for the who promised . Under article 1338 of the Civil Code which states that: " All approvals are made legally valid as the Law for those who make it. Agreements that can not be withdrawn in addition to the agreement of both parties , or for reasons that by the Act stated enough for it . Approval of consent must be implemented in good faith . Keywords : Consequences of Law , Pre- Marital Agreement On Joint Treasure
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 19 Oct 2016 02:48 |
| Last Modified: | 19 Oct 2016 02:48 |
| URI: | http://repository.unissula.ac.id/id/eprint/5629 |
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