Urgensi Pencatatan Perjanjian Perkawinan Bagi Suami-Istri (Studi di Kantor Dinas Kependudukan dan Catatan Sipil Kota Medan)

Abstract

Article 29 paragraph (1) of Law No. 1 of 1974 concerning the Principles of Marriage in conjunction with the Constitutional Court Decision No. 69/PUU-XIII/2015 stipulates that a prenuptial agreement is only valid and binding after it is registered by the Marriage Registrar Officer. Similar to marriage registration, the registration of a prenuptial agreement for Muslims is conducted at the Office of Religious Affairs (KUA), and for non-Muslims at the Department of Population and Civil Registration (Disdukcapil). This study examines the following problems: (1) the legal validity of marriage agreement registration according to Indonesian positive law, (2) the legal protection of marriage agreements registered at the Department of Population and Civil Registration of Medan City, and (3) the urgency of such registration. This research uses normative legal methods supported by interviews. The nature of the research is descriptive-analytical. Data were collected through literature review and interviews with relevant informants. The data were analyzed qualitatively and conclusions were drawn deductively. The study concludes that in order for a marriage agreement to be binding on third parties, it must fulfill the principle of publicity. Publicity is essential in marriage agreements, and its embodiment lies in the act of registering the agreement. A marriage agreement is essentially a private contract that, if it meets the requirements under Article 1320 of the Indonesian Civil Code (KUHPerdata), is legally valid and binding on both parties in accordance with the principle of pacta sunt servanda. However, if procedural requirements are not met in accordance with the Marriage Law, the legal standing of the agreement becomes weak and is prone to breach by a party acting in bad faith. The urgency of registering a marriage agreement at the Department of Population and Civil Registration of Medan includes: first, to fulfill the requirements under Article 29 paragraph (1) of Law No. 1 of 1974 in conjunction with Constitutional Court Decision No. 69/PUU-XIII/2015; second, to ensure legal certainty regarding the date of execution and enforcement of the agreement; and third, to minimize the risk of forgery related to the agreement's date. If a marriage agreement is not registered, it is considered non-existent externally due to the absence of publicity, increasing the potential for breach of contract. An unregistered marriage agreement is deemed non-existent and will not affect property separation, leading to as merging in accordance with the Civil Code provisions.