The Legal Interpretation of Marriage Agreement of Mixed-Marriage in Indonesia

Abstract

More than being the right of every individual, marriage is a human right. This paper is intended to find out and study: rules and regulations on the marriage agreement for the mixed-married; the compulsion for the mixed-married couples to make marriage agreement; and examine legal interpretations about the concept of the marriage agreement. This research applies normative law method. Marriage agreement has been settled by several laws and regulations. Although it seems compulsory for the mixed-married to make a marriage agreement, there is no provision that firmly tells that such an agreement must be made. The legal interpretations show that marriage agreement is made so as not to harm the spouse who is an Indonesian Citizen (WNI). We have found that there are some differences in provisions about marriage agreement in several Indonesian laws and regulations.