There are many mixed-national married couples in Indonesia who have not signed a marriage agreement before their marriage. In the absence of a conjugal agreement, by law, their marriage has a common ownership regime, because the law on marriage – automatically under a common heritage order within their marriage. This means that each spouse would need the agreement of the other spouse for any transaction with real estate in Indonesia. Zudan finally asked notaries not to write down the cost of registering (agreement) marriage of 2 million rp, so that there is no misperception in society. The post-marriage agreement has a provision that is governed by it is the property and debts that occur after the creation of a marriage contract. For example, there has been a couple who have been married for five years. After five years of marriage, all they could think about was entering into a marriage contract. It is correct, only property that 5 years of previous marriage do not contain the object in the marriage. On May 19, 2017, the Indonesian Ministry of the Interior clarified the Constitutional Court`s decision No. 69 / PUU-XIII / 2015 of october 27, 2016, which declared Article 29 of the 1974 Marriage Act unconstitutional. This clarification regarding the registration of post-ascendant agreements takes the form of a letter on the registration of marriage contract reports No. 472.2 / 5876 / Dukcapil of 19 May 2017 addressed to the heads of the population and civil registry services in the cities and towns of Regencies throughout Indonesia. This letter reflects the legality of post-ascending asset separation agreements.
If it is each notary will vary the cost of services. With regard to marriage contracts in particular, there is no economic value, so there are no rules for provisions for expenses. But it`s cheap. Even notary fees can still be bego lho. Professor Zudan Arif Fakrulloh protested. The Director General of Population and Civil Registration of the Ministry of the Interior (Dirjen Dukcapil Kemendagri) criticized a number of notaries who still list the cost of registering marriages in Dukcapil. In fact, Dukcapil has confirmed that registration of marriages, including marriage contracts, is free. The latest developments regarding the post-up have been very important.
The latest Jakarta Higher Court updates on the marriage contract concluded after the marriage. The approval by the Oberlandesgericht is subject, among other things, to the following conditions: Thus, BPN recognized its rights as an Indonesian to hold the estate, since it is transferred by our Postnup, which they signed during the marriage. This is obviously very good news for married couples who do not have a marital agreement in Indonesia. I think that even without Prenup, couples can thrive when it comes to owning the domain, and I can say that our post-nupes have certainly been enriched with the latest developments.