ANALISIS PERJANJIAN PERKAWINAN SEBAGAI PERLINDUNGAN HAK PEREMPUAN DALAM ADAT BATAK TOBA DITINJAU DARI HUKUM PERKAWINAN

An agreement is something that can touch various aspects of life, including the aspect of marriage. Marriage is a legal act that has legal consequences, namely the unity of assets obtained during the marriage. This provision of property union can be circumvented by making a marriage agreement.Regulations regarding marriage agreements can be seen in Law Number 1 of 1974 Article 29 and in the Civil Code Book I Chapter VII Articles 139 to Article 154. Marriage agreements are usually made if someone who wants to marry has valuable assets or hopes will gain wealth. By entering into a marriage agreement, there is legal certainty regarding what has been agreed.These regulations have the same aim, namely to regulate the consequences of marriage on assets that deviate from the unity of assets. However, in Batak traditional marriages, marriage agreements are still considered taboo and are considered not in accordance with the purpose of marriage in Batak tradition. This is where the author is interested in examining the comparison of pre-nuptial agreements regarding assets between Law Number 1 of 1974 and the Civil Code.This research aims to analyze marriage agreements as a means of protecting women's rights in Toba Batak traditional marriages, and also to analyze the legal consequences of marriage agreements in Toba Batak traditional marriages in terms of positive law. Marriage agreements in the Toba Batak tradition are still very taboo for couples who are going to get married or are already married, this is because the marriage agreement is not in accordance with the purpose of marriage according to the Toba Batak tradition. This research is a normative juridical research method.Marriage agreements in the Toba Batak tradition are still considered taboo, but marriage agreements can be a way out of problems regarding women's rights in Batak traditional marriages. In Batak Toba customs, marriage agreements are strictly prohibited and if it is discovered that the couple has made a marriage agreement, it will most ...