Analysis of constitutional court decision no. 69/PUU-XIII/2015
Farah Rieza, Darmawan, Iman Jauhari
Mixed marriages that affect property in marriage, one example is experienced by Ike Farida who is legally married to a Japanese citizen in Indonesia. The problem is that Ike Farida cannot buy a flat because Ike's husband's status is a Foreign Citizen and Ike does not have a marriage agreement with her husband. Therefore, Ike Farida applied for judicial review with the test of Article 21 paragraph (1), paragraph (3) and Article 36 paragraph (1) of the Basic Agrarian Law; Article 29 paragraph (1), paragraph (3), paragraph (4) and Article 35 paragraph (1) of the Marriage Law which are considered contrary to the 1945 Constitution. The purpose of the title of this study, namely to examine the legal protection of Indonesian citizens who are married to foreign citizens, the implementation of marriage agreements after the constitutional court decision number 69 / PUU-XIII / 2015 based on Positive Law and to examine the implications of the Constitutional Court Decision Number 69 / PUU-XIII / 2015 on the Making of Marriage Agreement Deeds After Marriage. Legal protection for Indonesian citizens who are married to foreign citizens in terms of property and property based on the Constitutional Court Decision Number 69 / PUU-XIII / 2015, Indonesian citizens who are married to foreigners can make a marriage agreement at any time either before, during, or during the marriage bond so that the right of Indonesian citizens to own land with any rights status is no longer hindered due to the union of property with foreign marriage partners that occurs due to marriage. The legal consequence of making a marriage agreement deed after marriage after marriage after the Constitutional Court Decision Number 69 / PUU-XIII / 2015 on the status of joint property and third parties is the making of a marriage agreement after marriage to the status of ordinary common property inherently (closely related) to the time of the entry into force of the agreement. the legal effect of the status of the common property is the making of a marriage agreement after the marriage which begins to occur since the marriage is entered into law followed by the status of the joint property becomes separate if desired by both parties to the agreement, as well as to the property to be acquired in the future remains the property of each party, without having to obtain a court determination regarding the separation of property. Implications of the Constitutional Court Decision No. 69/PUU-XIII/2015 on the making of marriage agreement deeds after marriage made before a Notary change the legal mechanism for making marriage agreements that can now be made during the marriage bond by a Notary without having to be preceded by the determination of the competent court.