THE POSITION OF NOTARIAL DEEDS AGAINST MARITAL AGREEMENTS BASED ON THE NOTARY OFFICE LAW NUMBER 2 OF 2014

Abstract

 Marriage is a physical and spiritual bond between a man and a woman to form a happy family. According to the Civil Code, with a marriage, from that moment on the assets, both original assets and joint assets of the husband and wife, will be united, unless there is a marriage agreement. If there is no marriage agreement in intermarriages, Indonesian citizens will lose their constitutional rights in owning land and buildings in Indonesia. This research aims to determine and analyze the position of notarial deeds regarding marriage agreements based on Notary Position Law Number 2 of 2014. The type of research used in this research is normative legal research. The legal materials used are primary, secondary and tertiary legal materials using legal material collection techniques, document study or literature study. The legal material analysis technique used is the interpretation method. The research results show that (1) A notarial deed in the form of a marriage agreement plays an important role in mixed marriages. In a notarial deed, a husband and wife regulate their rights and obligations as well as financial and other responsibilities. The position of a notary deed provides legal protection for Indonesian citizens to obtain their constitutional rights, as well as providing legal certainty and preventing future conflicts. (2) the issuance of Constitutional court decision Number 69/PUU-XIII?2015 provides legal protection for people who enter into mixed marriages who do not make a marriage agreement before the marriage takes place.