Rita Bayu Astuti, Moh. Ali, Dominikus Rato

Marriage Agreements as a Form of Legal Protection For Parties To a Marriage

Introduction

Marriage agreements as a form of legal protection for parties to a marriage. Explore marriage agreements as legal protection in Indonesian polygamy, covering shared assets, their binding force, and authentic deed status under Marriage Law and Islamic Law.

Abstract

This research is reviewed from the Marriage Law and Compilation of Islamic Law. Positive Law and Islamic Law only recognize open monogamous marriages, but it does not rule out the possibility for a husband to have a polygamy marriage with the conditions as stated in Article 4 paragraph (2) of the Marriage Law by submitting an application to the Religious Court. The problem formulation is first, how is the application of shared assets in polygamy marriages in Indonesia? Second, how is the legal protection of assets in the polygamy marriage agreement? This research is a normative-juridical study with the aim of finding the coherent truth. The legal force of a marriage agreement is binding not only upon the spouses who execute it but also upon related third parties, provided that the element of publicity has been satisfied. Where a marriage agreement is executed in fulfillment of the validity requirements for agreements in accordance with applicable statutory regulations, ratified by a Marriage Recording Officer or a notary, and recorded by the Marriage Recording Officer, said marriage agreement possesses legal force equivalent to that of an authentic deed. A marriage agreement executed via a notarial deed also constitutes a protective measure ensuring that the agreement becomes an authentic deed possessing perfect probative force to safeguard the rights of the contracting parties as well as third parties. Furthermore, related third parties are entitled to claim compensation should the marriage agreement be executed or amended with the intent to prejudice said third parties.

Review

This research proposes a timely and relevant examination of marriage agreements as a crucial instrument for legal protection within the Indonesian legal landscape. Focusing on the interplay between the Marriage Law and the Compilation of Islamic Law, the paper addresses the complex issue of asset management and protection, particularly in the context of polygamous marriages. The stated problem formulations—concerning the application of shared assets and the legal protection afforded by agreements in polygamy—underscore a significant area of legal uncertainty and potential vulnerability for parties involved, making this a valuable contribution to family law scholarship in Indonesia. The normative-juridical approach aims to uncover "coherent truth," which is an appropriate methodological choice for analyzing statutory regulations and their practical implications. A key strength evident from the abstract is the detailed articulation of the legal force and protective capacity of marriage agreements. The research highlights that such agreements, when executed in accordance with validity requirements, ratified by a Marriage Recording Officer or notary, and duly recorded, attain the status of an authentic deed with perfect probative force. This thorough exposition of the procedural prerequisites for enforceability is vital for practitioners and parties alike. Furthermore, the abstract intriguing asserts that these agreements are binding not only on the spouses but also on related third parties, provided publicity is achieved, and critically, that third parties are entitled to claim compensation if the agreement is designed to prejudice them. This aspect suggests a robust framework for safeguarding financial interests beyond the immediate conjugal relationship. While the abstract effectively outlines the legal framework and the protective mechanisms of marriage agreements, the full paper would benefit from a deeper exploration of certain practical challenges. Specifically, demonstrating how the "coherent truth" is achieved could involve an in-depth analysis of potential ambiguities or conflicts in the application of shared assets, particularly when existing assets are acquired prior to a polygamous marriage or when subsequent wives are involved. Furthermore, examining the practical hurdles in achieving publicity and the mechanisms for third parties to claim compensation would strengthen the paper's utility. A discussion on the socio-economic implications or gender-based considerations that might arise from these agreements within polygamous contexts, even if from a normative perspective, could also enrich the analysis and provide a more holistic understanding of their impact.

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