Konsistensi Notaris dalam Pembuatan Perjanjian Kawin terhadap Perkawinan yang Sedang Berlangsung (Studi Akta Perjanjian Perkawinan Nomor 76 Tertanggal 21 Juli 2022)

Abstract

Before the Constitutional Court Decision No. 69/PUU-XIII/2015, marriage agreements were only made at the time or before the marriage. However, after the issuance of the Constitutional Court Decision No. 69/PUU- XIII/2015, Article 29 paragraph (1), marriage agreements no longer have to be made before or on the day of the marriage ceremony. Instead, married couples can make a marriage agreement during the marriage. This study discusses (1) the notary's obligations in performing their duties related to drafting a Marriage Agreement Deed upon the request of a married couple, (2) the legal status of property separation for couples making a marriage agreement in Deed No. 76 dated July 21, 2022, and (3) the consistency of notaries in applying legal regulations in drafting Marriage Agreement Deed No. 76 dated July 21, 2022. This research uses a normative juridical method with a descriptive- analytical approach. The study uses secondary data consisting of primary, secondary, and tertiary legal sources. Data collection techniques include literature study and interviews. The collected data is then analyzed qualitatively to produce descriptive-analytical findings. The research results indicate that (1) notaries are obliged to provide legal protection and legal advice to the parties so that they understand their rights and obligations to one another based on Article 15 paragraph (2) letter e of Law No. 2 of 2014 jo. Law No. 30 of 2004, (2) the legal status of property separation for married couples in Marriage Agreement Deed No. 76 dated July 21, 2022, is not retroactive for marriages already in progress, and (3) the consistency of notaries in implementing legal regulations in drafting Marriage Agreement Deed No. 76 dated July 21, 2022, has been assessed as consistent with the applicable legal provisions.