Konsekuensi Yuridis Berlakunya Perjanjian Perkawinan Pasca Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015

Authors

  • Si Ngurah Ardhya Falkultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha
  • I Putu Windu Mertha Sujana Falkultas Hukum dan Ilmu Sosial, Universitas Pendidikan Ganesha

DOI:

https://doi.org/10.23887/jkh.v7i1.31493

Keywords:

Qonsequences, Legal, Constitutional Court Decision, Marriage Agreement.

Abstract

Philosophically PMK (Constitutional Court Decision) Nr. 69/PUU-XIII/2015 based on way of life, awareness, and legal ideals such as the mystical atmosphere and Indonesian Nation according Pancasila and The Constitutional of The Republic of Indonesia Article 28E Paragraph (2). Sociologically, based on legal needs society regarding the leniency when the marriage agreement was made that is the phenomenon of a husband and wife for some reason feels they needed to make a marriage agreement after the wedding day was held. Juridically, the issuance of PMK Nr. 69/PUU-XIII/2015 is not solely on the basis of unconstitutionality, but also on a conflict of norms between Article 29 Paragraph (1) of Act Nr.  Year 1974 with general provisions of the ageement in Book III Code of Civil Law. Referring to PMK No.69/PUU-XIII/2015 which was strengthened by Act Nr. 2 Year 2014, Notary has the right to ratified the marriage agreement into an authentic deed so that there is no justifiable reason for the Department of Population and Civil Registration and Office of Religious Affairs rejects the authentic nature of the deed which is validated bay notary.

 

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Published

2021-02-17

How to Cite

Ardhya, S. N., & Mertha Sujana, I. P. W. (2021). Konsekuensi Yuridis Berlakunya Perjanjian Perkawinan Pasca Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015. Jurnal Komunikasi Hukum (JKH), 7(1), 295–314. https://doi.org/10.23887/jkh.v7i1.31493

Issue

Vol. 7 No. 1 (2021): Februari, Jurnal Komunikasi Hukum

Section

Articles

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Authors who publish with this journal agree to the following terms:

    1. Authors retain copyright and grant the journal right of first publication, with the work [SPECIFY PERIOD OF TIME] after publication simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
    2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
    3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).