THE PUBLICITY PRINCIPLE IN MAKING THE DEED OF THE NUPTIAL AGREEMENT BY NOTARY

Mohammad Nizar Sabri

Abstract


The settlement of this research conclude that; the Resolution of Constitutional Council Number 69/PUU-XIII/2015 with regard to nuptial agreements is contradictory to the purpose of the publicity principle. Ratio legis of The authorization related to the publicity of notaries is also contradictory to the obligations of notaries to maintain the confidentiality  of  the  content  of  a  deed  and  the  professional  oath  of  notaries  as regulated  in  Article  16  paragraph  (1)  letter  f  of  the  Amendment  to  UUJN,  in conjunction with Article 4 paragraph (2) of UUJN. The existence of the Letter from the Director General of the Demography and Civil Registry as well as circular letter of the Directorate General of Islamic community guidance (Ditjen Bimasislam) on the registration of Reporting Nuptial Agreements; such letter does not follow up in relation to the resolutions of the Constitutional Council. However, the endeavour made to interpret the resolutions of the Constitutional Council by the Director General of Demography and Civil Registry is inconsistent with the resolution already mentioned by the  Constitutional  Council  (MK).  In  its  first  point  it  is  stated  that  a  nuptial agreement can be made drawn up in a notarized deed, on the other hand, the Constitutional Council, in its resolution, only mentions that a nuptial agreement may be drawn up in writing, which means that it may be executed by the parties only or be drawn up as a notarized deed.


Keywords


authority of notaries; nuptial agreements; publicity Principle

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DOI: http://dx.doi.org/10.30649/htlj.v2i1.37

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