TINJAUAN YURIDIS TENTANG PERJANJIAN PERKAWINAN DALAM PERSPEKTIF PEMBAHARUAN HUKUM PERKAWINAN NASIONAL DI INDONESIA

A marriage agreement is an agreement made by a man and woman who are going to get married based on a mutual agreement and the agreement must be signed by both parties as well as the third party involved which is valid during the marriage. The marriage agreement is made before a Notary and contained in a Notarial deed. Then the signing of the agreement is ratified by the Marriage Registrar. Existing regulations in Indonesia regarding marriage agreements do not regulate clearly and in detail regarding marriage agreements. The existing regulations only explain when a marriage agreement is made, the legality provisions, the time it comes into effect, and changes to the marriage agreement. This research aims to determine the urgency of regulating marriage agreement clauses and the appropriate legal construction to fulfill the legal requirements for regulating marriage agreements. This research was written using normative research methods and produced two conclusions. First, the importance of regulating marriage agreement clauses is not only to provide legal clarity for both parties, but also to maintain justice and certainty in the marriage relationship even if a divorce occurs. Second, the proper legal construction regarding a marriage agreement is the regulation of the clauses regarding the contents of the marriage agreement. The DPR together with the President should make changes to Law Number 1 of 1974 concerning Marriage in Article 29 concerning marriage agreements and issue implementing regulations regarding marriage agreements to provide legal certainty. It is hoped that these changes can accommodate marriage agreements with the dynamics of today's society. The government can propose changes to Law Number 1 of 1974 concerning Marriage in Article 29 concerning marriage agreements and make regulations regarding marriage agreements to support existing laws. Notaries and Marriage Registrar Employees must also provide direction and legal views regarding marriage agreements.