KEDUDUKAN PERJANJIAN PERKAWINAN YANG TIDAK TERCATAT DI CATATAN SIPIL APABILA TERJADI PERCERAIAN

Abstract

The purpose of this study is to determine the ratio of marriage contracts between husband and wife and to know the legal effect of marriage agreement that is not registered by civil in case of divorce. Theoretically the results of this study are to contribute thoughts to the science of law in general and the law of civil law, especially related to marriage. Type of Research in this research is normative law research with approach of legislation. The technique of legal material analysis used in this research is using descriptive evaluative technique.

The results showed that the Ratio decidendi of marriage agreements was made to avoid the regulation of the system regulated by the Civil Code which adheres to a system of mixing assets in marriage. Although there is a marriage agreement certificate that is authentic but if it is not registered and registered at the KUA or Dispendukcapil, then the agreement has no legal force. This is in accordance with the Supreme Court's Decision Number 3405 / K / Pdt / 2012 dated February 12, 2014 which principally states that marital agreements are not recorded, therefore they do not have legal force, so that all existing joint assets must be divided 50% each if there is divorce. Legal consequences are based on the Supreme Court's decision Number: 3405 K / Pdt / 2012 that marriage agreements that are not made before a notary or marriage registrar are null and void, so that in convicting the Plaintiff and Defendant to divide all of these assets or joint assets - get 50% (fifty percent).

 Keywords: Ratio Decidendi, Marriage Agreement, Civil Registry, Divorce