LEGAL CONSEQUENCES OF A MARRIAGE AGREEMENT THAT IS NOT RATIFIED BY THE REGISTRAR MARRIAGE TO JOINT PROPERTY (CASE STUDY OF COURT DECISION SUPREME REPUBLIC OF INDONESIA NUMBER 589/PDT/2016)

Abstract

This study will examine the legal consequences of marriage agreements that are not ratified by marriage registrar employees on joint property (case study of Supreme Court Decision of the Republic of Indonesia Number 598 PK / Pdt / 2016). This study used normative juridical research methods. The results of the study suggest that the validity of a marriage agreement that is not ratified by the marriage registrar employee is a marriage agreement that remains valid for the parties who make it, in this case husband and wife, where as long as the marriage agreement has fulfilled the legal requirements of an agreement as in Article 1320 of the Civil Code. However, a marriage agreement cannot bind the third party concerned. In addition, the results of the study also show that the legal position of a marriage agreement that is not ratified by the Marriage Registrar Employee is still binding for the parties who make it, in this case husband and wife. A marriage agreement that is not ratified by a marriage registrar cannot bind a third party. Where the ratification of the marriage agreement is to meet the principle of publicity, so that the ratification of the marriage agreement by the marriage registrar employee cannot be used as a parameter of validity in the marriage agreement.