Perlindungan Hukum Terhadap Akta Perjanjian Perkawinan (Postnuptial Agreement) Yang Dibatalkan Setelah Perceraian (Studi Putusan Pengadilan Agama Jakarta Selatan Nomor 4524/Pdt.G/2022/PA.JS)

Abstract

A postnuptial agreement is a legal instrument that allows a married couple to regulate the separation of assets during the course of their marriage. Since the Constitutional Court Decision No. 69/PUU-XIII/2015, such agreements have been recognized even when executed after the marriage has taken place. However, in practice, legal issues arise when a notarially executed and officially registered agreement is unilaterally annulled following a divorce. This thesis examines the legal protection of postnuptial agreements that are annulled after divorce, through the case study of South Jakarta Religious Court Decision No. 4524/Pdt.G/2022/PA.JS. The issues addressed in this study are: (1) How the implementation of Constitutional Court Decision No. 69/PUU-XIII/2015 applies to postnuptial agreements made by the parties; (2) What the legal consequences are of postnuptial agreements on joint and personal assets; and (3) How the legal analysis of the judge’s considerations in resolving the dispute in Decision No. 4524/Pdt.G/2022/PA.JS is conducted This research employs a normative juridical method with a descriptive approach. The legal materials used include primary legal sources such as statutory regulations, the Indonesian Civil Code, the Compilation of Islamic Law, and Decision No. 4524/Pdt.G/2022/PA.JS, as well as secondary legal materials such as scholarly literature, academic journals, and expert opinions. The research approach consists of statutory and analytical approaches. The results of this study show that the unilateral annulment of a postnuptial agreement violates the principle of pacta sunt servanda and contradicts the doctrine of res judicata. Such actions undermine the integrity of private agreements as binding legal instruments and infringe on the principles of legal protection, legal certainty, and justice for the aggrieved party-especially concerning personal assets that have been expressly excluded from the marital property regime within the agreement clauses. Therefore, strengthening regulations and ensuring consistent law enforcement regarding the validity of postnuptial agreements is imperative to guarantee justice and protect the rights of both parties during and after the marriage.