ANEKA PERMASALAHAN MENGENAI PERJANJIAN KAWIN PENGESAHAN ATAU PENCATATANPrenuptial Agreement • November 24th, 2015
Contract Type FiledNovember 24th, 2015To make a prenuptial agreement is still considered as taboo by Indonesian couple, although there has been awareness to make such prenuptial agreement for transnational couple. Marriage in Indonesia is regulated under Law No. 1 of 1974 on Marriage (“Marriage Law”). The prenuptial agreement is a term taken from the heading of the 5th Chapter of Marriage Law, which consist of only one article, i.e. article 29 paragraph 1, 2, 3 and 4, that only regulates the period of when the prenuptial agreement shall be made, it’s legality, the time of when it will enter into force and the possibility to amend such agreement. In other words, Marriage Law does not describe the definition of prenuptial agreement, and also does not determine matters that can be agreed upon, which priorly regulated under the Indonesian Civil Code. In relation to the prenuptial agreement under the Marriage Law, there occur several legal questions, among others: First, Does the registration officer from the Civil Registration