Practice in Making Notarial Agreements in Unregistered Marriage in Indonesia

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Bayturrochmah Siti Fitriani A. Sjarif Heriyono Tardjono

Abstract

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.

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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. https://doi.org/https://doi.org/10.19109/nurani.v22i1.10226
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