IMPLEMENTASI PUTUSAN MAHKAMAH KONSTITUSI NO. 69/PPU-XIII/2015 DALAM PERJANJIAN PERKAWINAN

Implementation of The Constitutional Court Ruling No. 69/PUU-XIII/2015 in Marriage Agreements

Abstract

The implementation of Constitutional Court Decision No. 69/PUU-XIII/2015 concerning prenuptial and postnuptial agreements in Indonesia. Prior to this ruling, marriage agreements could only be made before the marriage took place, as stipulated in Article 29 of Law No. 1 of 1974 and Article 139 of the Indonesian Civil Code. The Constitutional Court's decision marked a legal breakthrough by allowing married couples to enter into a marriage agreement after the wedding, provided it does not violate legal principles or public order. This research employs a normative juridical method with a conceptual approach, analyzing the legal concepts of marriage agreements, the principle of freedom of contract, and the position of the Constitutional Court’s ruling within the national legal system. The findings indicate that the decision reinforces the principles of justice and equality in marital relationships and grants couples greater flexibility in managing their assets according to their needs. However, its implementation faces several challenges, such as limited public understanding and the absence of detailed technical regulations to support its enforcement. Therefore, harmonization of regulations and increased public awareness are necessary to ensure the effective application of this Constitutional Court decision