Practice in Making Notarial Agreements in Unregistered Marriage in Indonesia

Main Article Content

Bayturrochmah Siti Fitriani A. Sjarif Heriyono Tardjono


This article aims to examine the legal force of the marriage agreement deed made by a notary, particular for those who are only married in an unregistered manner. In notary, it is known that there is a Marriage Agreement which is the authority of a notary to prepare an authentic deed in accordance with the provisions of the legislation on the basis of law. Based on the description above, a question arises whether the parties who carry out an unregistered marriage are able to state their wishes in a notarial agreement. What are the possibilities and legal consequences for both the parties and for the notary as a public official who prepares the deed of agreement. The research method uses in this research is normative legal research or normative juridical research with a statutory approach and a case approach. The data used is secondary data, while the analysis method uses qualitative analysis methods. The results of the study indicate that with certain adjustments, a notary is able to prepare a notarial agreement for the parties carrying out an unregistered marriage. The notarial agreement has perfect evidentiary power for the parties as is an authentic deed in general. A notarial agreement with certain adjustments prepared by the parties who entered into an unregistered marriage was prepared with the aim of providing legal protection for the parties.

Article Details

How to Cite
Siti, B., Sjarif, F., & Tardjono, H. (2022). Practice in Making Notarial Agreements in Unregistered Marriage in Indonesia. Nurani: Jurnal Kajian Syari’ah Dan Masyarakat, 22(1), 145-158.