| dc.description.abstract | This study examines the legal force of prenuptial agreements in Indonesia and the legal
remedies available to aggrieved parties, particularly in cases where such agreements
result in injustice. This research is driven by the increasing number of legal disputes
arising from the implementation of prenuptial agreements. This research answers two
main questions: first, how strong is the legal force of prenuptial agreements in
protecting the right to personal property under Indonesian law; and second, what legal
solutions are available when one party is harmed by a legalized agreement. Using a
normative legal research method with a juridical, conceptual, and case-based
approach, this study analyzes Indonesian laws, including the Marriage Law, the
Indonesian Civil Code, and Constitutional Court Decision No. 69/PUU-XIII/2015, as
well as relevant court cases. Findings indicate that while prenuptial agreements are
legally valid and offer property protection, they can result in unfair outcomes in
practice, particularly for partners who contribute non-financially. Solutions such as
annulment and post-nuptial additions are available but require mutual consent,
limiting access to justice. A comparative analysis with Germany and Alaska shows that
these jurisdictions allow for broader judicial intervention to revise or annul unfair
agreements. This study recommends that Indonesian law provide greater flexibility for
courts to assess the substantive fairness of prenuptial | en_US |
