PERJANJIAN PERKAWINAN DALAM MENJAMIN KESETARAAN HAK DAN KEWAJIBAN SUAMI DAN ISTRI DITINJAU DARI UNDANGUNDANG PERKAWINAN NO.1 TAHUN 1974

Sari, Eristiana (2025) PERJANJIAN PERKAWINAN DALAM MENJAMIN KESETARAAN HAK DAN KEWAJIBAN SUAMI DAN ISTRI DITINJAU DARI UNDANGUNDANG PERKAWINAN NO.1 TAHUN 1974. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

A prenuptial agreement (Prenuptial Agreement) is a legal instrument recognized in Article 29 of Law Number 1 of 1974 concerning Marriage, which allows prospective husbands and wives to agree on the arrangement of rights and obligations in the household before entering into marriage. Although it has received normative recognition, its application in Indonesian society is still considered taboo and has given rise to debate regarding its function, particularly in ensuring the principle of equality. This study aims to examine the concept of prenuptial agreements in Indonesian marriage law and to assess the extent to which such agreements play a role in realizing equality of rights and obligations between husband and wife. The research method used is normative legal research with a statutory approach (statute approach) and a conceptual approach (conceptual approach), through a review of legislation, doctrine, and legal literature. The results of the study indicate that the Marriage Law, although affirming the balance of the positions of husband and wife, still contains provisions that tend to be gender biased, for example regarding the division of domestic roles and responsibility for living expenses. Prenuptial agreements play an important role as a preventive instrument to regulate assets, economic responsibilities, and the division of roles in the household in a more just and equitable manner. Thus, the existence of a prenuptial agreement is not only relevant as a way to anticipate marital conflict, but also as a means of realizing equality in marital relations in accordance with modern societal developments and the principles of justice in civil law.

Item Type:

Thesis (Undergraduate)

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