THE SEVERAL UNLAWFUL ACT AFTER NUPTIAL AGREEMENT IN INDONESIA

The rule of Constitutional Court has eased on the essential interpretation inherent in the prevailing prenuptial agreement. The prenuptial agreement is understood no longer as the one drawn up prior to the marital process but thereafter as well, as long as it is not against the norms of religion, public order, morals, and third parties. Essentially, it is in accordance Act on Marriage and seemingly more comprehensive than the interpretation of marital agreement of inherence at civil law. The approach method used is a normative juridical approach, the research results obtained state that the implication that the marital agreement can be drawn up either after or before the nuptial execution. The nuptial agreement is compulsory to be legalized on the notarial deed before the execution. The nuptial agreement before or at the moment of marital execution process under the terms that it does no harm to the third part

Pengembangan Usaha Terhadap Perempuan Bali Pasca Perceraian Dari Perkawinan Campuran Bermuatan Gender Dalam Hukum

This study aims to examine the opportunities for Balinese women in the field ofbusiness development after divorce from mixed marriages, prioritizing the principle ofgender responsiveness into awig-awig, the application of the burden of tolerance to102menyama braya, the status of krama istri, and carrying out the obligation to dance at thetemple. Tri Kahyangan is the goal of the gender content in the law of the business beingdeveloped. The research method in this study is sociological jurisprudence, and the typeof research is analytic study of legal materials that adopt women's rights in the businessworld. The binding legal material refers to the Republic of Indonesia State ConstitutionArticle 18 B paragraph (2) and the Traditional Village Awigers which refer to the DecreeNumber 01 / KEP / PSM-3/ MDP / Bali / X / 2010 by the Main Assembly of the PakramanVillage ( MUDP) Bali concerning the division of inheritance of Balinese women withstatus (pradana) has the right to inherit even though they have married and followed herhusband, inheritance in the form of assets can be the main capital for businessdevelopment in the context of business law. The determination of the research subject wascarried out by stratified random sampling. Legal material analysis techniques aredescriptive. The results of the study: Balinese women were given the opportunity to beaccepted as wife's manners based on the pre-marital agreement of the bride, bride'sfamily, and traditional village which contained the provision that in the future if anincident of custom divorce is ready to accept and provide opportunities to carry outroutines such as the wives of their wives in general. The implication of the gender contentin the law is that the consensus reference from the results of the women's traditionalvillage meeting that is the status of widows from mixed marriages is given the opportunityto open business opportunities in the local village area, and is entitled to inheritancegrants in accordance with the provisions adopted by MUDP Bali after obtaining anagreement with the family big through family consultation with the traditional village(dharma pula).

Brak wiary a wykluczenie godności sakramentalnej małżeństwa

The Code of Canon Law of 1983 classifies the reasons for marriage invalidity in three different categories: diriment impediments, defects in matrimonial consent and lack or defect of canon form. Among different defects in matrimonial consent, in 1101 § 2, Code of Canon Law enumerates simulations. Simulation signifies that a person contracting marriage expresses marital agreement merely on the surface, excluding in reality through a positive act of the will the marriage itself, some essential elements or an essential property of marriage. The present article is an attempt of looking at the relation existing between the validity of marriage and the exclusion of the sacramental dignity, with the special consideration of the faith of the person.

Schema therapy and marital intimacy

This study investigates the effectiveness of schema therapy on the marital agreement of client who attends counselling clinic centre services on region five of the city of Tehran. The population were all of the clients who attend the services during 2011 winter and looking for family counselling services. Among 14 clients, seven couple revised schema therapy and seven were under control group that they have chosen randomly from volunteers. The sympathy between couples and research hypothesis are investigated by covariance test. The result shows that schema therapy was effective to improve the effectiveness of schema therapy on marital intimacy between couples and could be a good method for family therapy for Iranian couples. Keywords: Schema therapy, couple therapy, marital intimacy.

Analysis of The Marriage Treaty and Legal Approach Due Judging from The Draft of Civil Code

The continued development of the situation in society at large prospective marriage couples who decided to make a marriage agreement. This is because both the men and women capable of generating wealth each and there are many other reasons why it made a pact to marry. Mating agreement is the agreement made by two people (prospective husband and wife) before marriage. Mating Agreement provided for in article 29 of Act No. 1 of 1974 marriage but with the birth of the constitutional court's decision No. 69 / PUU-XIII / 2015 there are some changes in the Marriage Covenant which is still a Pro Cons in society. The problems examined in this study is: how marital agreement in terms of the book of Civil Law. The method used is a normative legal approach. Source materials used law is the source of primary legal materials and sources of secondary legal materials such as books and law legal materials collection techniques performed by the document study reading and studying the legislation regulations. The analysis of legal materials in this study, conducted by processing and analyzing qualitative and descriptive poured. The result of the first conclusion that the arrangement agreement are married in Indonesia in the Act including the Civil Code, the Marriage Act No. 1 of 1974, KHI and the Constitutional Court Decision No. 69 / PUU-XIII / 2016.Keywords: Marriage Agreement; Effects; Legal Approach

INFLUENCE OF A MARITAL PROPERTY REGIME ON EXECUTION PROCEEDINGS AGAINST SPOUSES – OUTLINE ISSUES

This article concerns the influence of a marital property regime on execution proceedings against spouses. In the first place, the legal character of a marital agreement was depicted, taking into consideration its statutory types. Then, the paper discusses the problems of financial liability of spouses, the situation of their creditors and the scope of execution against spouses bound by a contractual property regime.

Analisis Kritis terhadap Perjanjian Perkawinan dalam Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015

Pengujian terhadap beberapa ketentuan dalam Undang-Undang Republik Indonesia Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria dan Undang-Undang Republik Indonesia Nomor 1 Tahun 1974 tentang Perkawinan ditujukan untuk memastikan agar warga negara Indonesia yang menikah dengan warga negara asing bisa tetap memiliki hak atas tanah dengan titel Hak Milik maupun Hak Guna Bangunan. Hasil akhirnya, Mahkamah Konstitusi Republik Indonesia, melalui Putusan No. 69/PUU-XIII/2015, menolak sebagian permohonan yang diajukan dan memberikan tafsir sehubungan dengan perjanjian perkawinan, sehingga perjanjian perkawinan juga bisa dibuat selama dalam ikatan perkawinan. Namun demikian, terdapat masalah nyata dalam Pertimbangan Hukum yang disusun, yaitu falasi, kurangnya pertimbangan dan tidak adanya analisis dampak. Di sisi lain, penilaian yang dilakukan secara terpisah oleh Mahkamah Konstitusi terhadap objek yang diujikan menyebabkan tidak tampaknya perdebatan komprehensif mengenai isu pokok yang diujikan. Terlepas dari kekurangan tersebut, tak dapat pula disangkal bahwa Putusan No. 69/PUU-XIII/2015 memberikan alternatif jalan keluar.Review on some provisions in Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on Agrarian Principles as well as Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage were submitted in order to ensure that Indonesian citizen who marries foreign citizen could still hold land right with title of the Right of Ownership and the Right of Building. As a result, Constitutional Court of the Republic of Indonesia, through Decision No. 69/PUUXIII/2015, rejected part of the petition and provided interpretation in relation to marital agreement, so that marital agreement could be drafted during the marriage relation. Nevertheless, there are visible problems in the Legal Consideration, namely fallacy, lack of consideration and no impact analysis. On the other hand, assessment conducted separately by Constitutional Court of the Republic of Indonesia caused the invisibility of comprehensive debate on the main issue that is contested. Apart from the said shortcomings, it is undeniable that Decision No. 69/PUU-XIII/2015 provided alternative way out.

ANALISIS YURIDIS ATAS PERJANJIAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NO.1 TAHUN 1974 TENTANG PERKAWINAN DAN IMPLIKASI PUTUSAN MK NO.69/PUU-XIII/2015

Act No. 1 of 1974 on Marriage in Article 29, which explains that at the time the marriage took place before the bride who wants to do a wedding in which the consent of both parties must make a marriage agreement in writing beforehand. However, the fact that an Indonesian citizen who is married to foreign citizens who perform mixed marriages, filed a petition to the Constitutional Court relating to Article 29 of the Marriage Act. Indonesian citizen that feels aggrieved because when they wanted to buy a flat can not be done because the rejection of purchase from the developer because the buyer is married to citizens of foreign, which in Article 35 of the Marriage Law that property acquired during the marriage become community property, then in Article 21 UUPA that only citizens of Indonesia who can both have property rights. Therefore, the applicant felt disappointed, harmed and human rights have been usurped by their rules.The formulation of the problem in this research are: 1) What about the implications of the Constitutional Court. No. 69 / PUU-XIII / 2015 against the marriage contract stipulated in Law No.1 of 1974 on Marriage? 2) How is the implementation of the agreement is a marriage in the Act No.1 of 1974 on Marriage after the decision of the Court. 69 / PUU-XIII / 2015? 3) how the barriers and solutions in implementing the agreement is a marriage in Act 1 of 1974 on Marriage Following the Ruling of the Constitutional Court. 69 / PUU-XIII / 2015?The method used in this thesis is a normative juridical legal research. Ie normative legal research legal research conducted by reviewing the materials of the legislation and other materials derived from the literature.The results of this study are: 1) That the decision of the Court No.69 / PUU-XIII / 2015 are final, binding, and binding on all the parties, both litigants, agency, government law and notary 2) that the manufacturing operations after the marriage covenant decision of the Court. 69 / PUU-XIII / 2015, namely, which initially manufacture the marriage contract according to Law No.1 of 1974 on Marriage made before the marriage is done but with the Constitutional Court's decision No.69 / PUU-XIII / 2015 the agreement is made before the marriage dapan marriage took place or after held 3) in the manufacture of the marriage covenant are obstacles that happen is if the parties want to make the marriage covenant are lying or data used by the parties do not fit their therefore a Notary should be more careful and cautious associated with the those who want to make arrangements.Keywords: Marital Agreement, Decision of the Constitutional Court, Notary

IMPLEMENTASI YURIDIS PERJANJIAN KAWIN DALAM SISTEM HUKUM POSITIF DI INDONESIA

Marital agreement is part of the ?eld of family law which must comply with the provisions of Book I of the Civil Code (BW) Setting of the marriage covenant in the Book of the Civil Code Act is described in Part VII of the Civil Code Article 139 s / d 154. Broadly speaking, marital agreements are binding the party / bride in case of marriage. Based on Article 139 of the Civil Code (BW), the existence of the agreement to marry is as an exception of provision of Article 119 of the Civil Code, namely when the marriage takes place then legally valid rounded unity between the wealth of the husband and wife or in other words the extent set. Article 139 of the Civil Code contains a principle that the prospective husband and wife are free to determine the contents of the marriage covenant they made. However, these freedoms are limited by some restrictions that must be considered by a prospective husband and wife who will make a covenant marriage. The substance of the agreement is not contrary to public order (openbareorde), decency, and religious law.