TINJAUAN YURIDIS PERJANJIAN PRA NIKAH TERHADAP KEDUDUKAN HARTA BERSAMA DITINJAU DARI ASAS KEADILAN

Abstract

At the time of marriage, during marriage and after marriage, many things will happen such as; Property problems, where if there are no clear provisions, especially the issue of the division of property left by the deceased or those who divorce will cause a problem. To affirm the position of joint property in marriage, the prospective husband and prospective wife can make a Prenuptial agreement

The purpose of this study was first to determine the position of joint property in the prenuptial agreement; second, to find out the obstacles in the implementation of the prenuptial agreement on joint property and their solutions; and thirdly to ensure the position of common property based on the principle of justice. This study uses empirical legal research with a phenomenological approach and an approach with lapanagan research by seeing and observing what happens in the lapanagan. For the phenomenological approach, it uses qualitative research that looks and hears more closely and in detail the individual's explanation and understanding of his or her experiences. The results of research based on the Prenuptial Agreement in the form of a Marriage Agreement Deed in the research conducted by the author, the description of the contents of this Prenuptial Agreement includes the separation of property before marriage, separation of debts before marriage, during marriage, or even after divorce, in order to distinguish which property of the prospective wife and which property of the prospective husband, in the event of divorce or death in one of the spouses. The obstacle that will arise is regarding the proof of property obtained by each party, then the solution if there is no proof of ownership, will be divided into two equally. It can be concluded that joint property acquired during marriage becomes the right and responsibility of each party. Based on the application of the principle of justice to joint property in the prenuptial agreement, this is in line with Plato's theory which states that an act can be said to be procedurally fair, if someone has carried out the contents of the agreed agreement.

Keywords: Prenuptial agreement, joint property, principle of justice