Analisis Pertimbangan Hakim Dalam Pembatalan Perjanjian Pranikah Pada Perkawinan Campuran (Studi Putusan Nomor: 1308/Pdt.G/2019/PN Dps)

Prenuptial agreements in mixed marriages play an important role in providing legal certainty regarding the rights and obligations of the parties, particularly concerning marital property between Indonesian citizens and foreign nationals. Although regulated under Law Number 1 of 1974 concerning Marriage, in practice there are still prenuptial agreements that are not properly drafted and implemented in accordance with legal provisions, resulting in a discrepancy between das sollen and das sein. This study aims to analyze the legal considerations of judges in the annulment of prenuptial agreements in mixed marriages as reflected in Decision Number 1308/Pdt.G/2019/PN Dps from juridical, philosophical, and sociological perspectives. The study employs theoretical concepts of legal certainty, justice, and legal utility as the analytical framework. This research uses a normative juridical method with statutory, conceptual, and case approaches, supported by primary and secondary legal data. The results indicate that the decision reflects a balance between legal certainty, justice, and utility. From a juridical perspective, the judges appropriately applied the prevailing legal provisions in assessing the validity of the prenuptial agreement. Philosophically, the decision provides protection for the weaker party and reflects the principle of substantive justice. Sociologically, the decision contributes to strengthening legal certainty, encouraging greater prudence among notaries in drafting deeds, and serving as guidance for the public to prevent similar disputes in the future.