Analisis Yuridis Akibat Perluasan Makna Pasal 29 Undang-Undang No. 1 Tahun 1974 Tentang Perkawinan Pasca Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015 terhadap Undang-Undang No. 37 Tahun 2004 Tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang ( PKPU )

Abstract

The decision of Constitutional Court No.69 / PUU-XIII / 2015 on Article 29 of the Marriage Law No. 1 of 1974 concerning Marriage caused the rules regarding marriage agreements to change, whereas previously the marriage agreement could only be carried out before or at the time of marriage. As a result of the Constitutional Court's ruling marriage agreements can be made at any time during the marriage bond. The situation will result in husband and wife who will go bankrupt or bankrupt then make a marriage agreement with the aim of separating their assets. What is explained in this thesis is how the ratio of the Decision of the Constitutional Court's decision to Article 29 of Law Number 1 of 1974, how to expand the meaning of Article 29 of Law Number 1 of 1974 concerning marriage agreements after the Constitutional Court's decision No. 69 / PUU-XIII / 2015 and the legal consequences, what are the legal consequences of the Constitutional Court's decision No. 69 / PUU-XIII / 2015 against bankruptcy debtors' assets. This research is a descriptive analytical normative legal research. The approach used is a conceptual approach. The data source used is secondary data. The location of the study was held in the Medan District Court class 1 A specifically with the judge's interview and also interviewed a notary. This research was conducted by means of literature / document studies and interviews. Data analysis was carried out qualitatively. The results showed that with the Decision No. 69 / PUU-XIII / 2015, there are two things that become the ratio of decidences of the Constitutional Court to grant the petition for a judicial review of article 29 of the Marriage Law. First, because of the needs of people who are married to foreign nationals. Second, the Constitutional Court assesses it from a justice perspective. A marriage agreement can be made at any time as long as it is still in the marriage bond. As a result of the decision of the Constitutional Court on the expansion of the marriage agreement against the bankrupt debtor, namely the opening of the opportunity for the bankrupt debtor to make a marriage agreement, but still the marriage agreement must be made within one year before the bankruptcy so that it was made when the bankruptcy and there was a third party who was harmed, the marriage agreement was null and void for the sake of legal declaration. never existed because it was not in accordance with Article 1320 of the Civil Code. In this way, the marriage agreement must not be detrimental to other parties.