Legal Protection Against Marriage Agreement on Grant Assets Granted to Children Under Law No. 1 of 1974 on Marriage Associated with Decision of The Constitutional Court Number 69/PUU-XIII/2015

Abstract

Constitutional Court Decision Number 69/PUU-XIII/2015 on Judicial Review of Law Number 1 Year 1974 regarding Marriage has colored marriage law character, especially regarding marriage agreement. Initially, marriage agreement can only be made at the time or before the wedding occurs. However, with the Post-Constitutional Court Decision, marriage agreement may be made not only at the time and before the marriage takes place, but during marriage, by husband and wife. Decision of Tangerang District Court Number 223/PEN.PDT.P/2016/PN.Tng mentions that a married couple who have had a marriage agreement applying for a loan on the bank, but the husband and wife can not  fulfill their credit payment obligations, then the guaranteed object that is not guaranteed by the husband and wife in the form of grant property owned by the wife is seized by the bank. The methodology used in this research is the normative juridical approach. This research uses research specification through analytical descriptive method, research phase through library research by looking for material from secondary data, and data collection technique with documents study. Data analysis method is done with normative qualitative analysis. Based on the result of the research, it can be concluded that the arrangement of marriage agreement according to Constitutional Court Decision No.69/PUU-XIII/2015 that in the decision is allowed to make marriage agreement after marriage, as the contents of Article 29 of Law no. 1 of 1974 which has been amended, namely (1), (3) and (4). The legal power of the deed of grant lies in the function of the authentic deed itself. The grant is a valid evidence according to the law which has been affirmed in Article 1867 of the Civil Code which reads "Proof by writing is done with authentic writings as well as with writings under the hand". Judge consideration in deciding cases of protection of grant property contained in the marriage agreement made after marriage in the Tangerang District Court Decision No. 223/PEN.PDT.P/2016/PN.Tng. is to grant the Plaintiff's claim that the Defendant has committed an act against the law by seizing the Plaintiff's grant property which is not a guaranteed object reinforced by the Marriage Agreement. The Plaintiff shall settle all of the remaining credit obligations to the Defendant with an agreed period of time for default.