EKSISTENSI PERJANJIAN PERKAWINAN (PRENUPTIAL AGREEMENT) BAGI CALON SUAMI-ISTRI DALAM PERSPEKTIF HUKUM PERKAWINAN INDONESIA

Abstrak

The prenuptial agreement is an agreement made by the prospective spouse to determine the
rights and obligations between the husband and wife candidate at the time of marriage has occurred.
The marriage agreement is regulated in Law Number 1 of 1974, Article 29. The aim of this study is to
examine the importance of prenuptial agreement for prospective married couples in anticipation of
possible marital disputes in Indonesia.
This study used literature study method with normative juridical approach. The results
obtained from this study conclude that prenuptial agreements actually have many benefits, such as the
regulation of property issues, debt, and responsibilities in taking care of the children in marriage.
However, the prenuptial agreement is still considered taboo or ‘pamali’ by most of Indonesian people
and not suitable with the east culture. The reluctance of spouses-to-be to make a prenuptial agreement
may also caused by ignorance, rear-end education and lack of socialization from authorized institutes.
Prenuptial agreements are basically required primarily in certain circles such as couples who
possess a considerable wealth to avoid future marital disputes in case of divorce or death.
Socialization by authorized institutions is certainly necessary to change the paradigm of Indonesian
society regarding prenuptial agreements, especially those with low education background.
Keywords: prenuptial agreement, marriage