The Role of Notary towards the Implications of Recording a Post-Marriage Marriage Agreement Based on the Decision of the Constitutional Court of the Republic of Indonesia Number 69/PUU-/XIII/2015

Abstract

The Constitutional Court Decision Number 69/PUU-XIII/2015 brought significant changes to the provisions of marital agreements in Indonesia, which previously could only be made before marriage. With this decision, married couples can now make a marriage agreement after marriage, thus affecting the legal and administrative aspects of recording the agreement. This research aims to analyze the role of notaries in making and recording marital agreements after the Constitutional Court's decision and identify the legal implications for married couples and third parties. The research method used is normative juridical with a statutory approach and analysis of literature related to civil law and marriage law in Indonesia. The results showed that notaries have an important role in making an authentic deed of marriage agreement, providing legal certainty, and ensuring that the agreement can bind not only the husband and wife, but also third parties. Recording the marriage agreement at the Population and Civil Registration Office is a key factor in ensuring the validity and legal force of the agreement. The implication of this research confirms that the registration of marriage agreements provides legal certainty for couples in the management of marital property and the protection of the rights of third parties. Therefore, a clearer policy regarding the recording procedure is needed as well as an increase in public understanding of the importance of the marriage agreement as a legal instrument that can protect the rights of related parties.