Legality Of Notary Deed Concerning The Joint Treasure

Abstract

In Indonesia, especially the rules regarding marriage are not only influenced by local customs, but also influenced by various religious teachings, such as Hinduism, Buddhism, Christianity and Islam. The existence of various influences in the community resulted in the occurrence of many rules governing marital problems. The difference in the procedure of marriages as the influence of marriage arrangements, has consequences on the way of life of family, kinship, and wealth of a person in social life. The legality of a notary deed cannot be released with the power of proof. The purpose of the audience comes before a notary and asks to pour it in an authentic deed either to be made by a notary or by the complainant so that the legal actions taken get legal certainty. Marriage agreements are made by notarial deed (notary / authentic), not under hand. Whereas if referring to Article 29 paragraph (1) of the Marriage Law, it gives the freedom to make marriage agreements, that marriage agreements can be made with a notary deed, under hand, or under hand with the legalization of a notary.The principle of marriage is to form a family or household that is peaceful, peaceful and eternal for ever. In married life, life is not always harmonious and happy, often there is a dispute in marriage which results in divorce. Against consideration the Panel of Judges has the view of the term "The Binding Force Of Precedent or The Persuassive Of Precedent". After assessing the judge takes a conclusion that in advance the case is related to the statements of the witnesses and is related to the results (Internal Audit), then the panel of judges makes it a matter of consideration in taking a conclusion, the conclusion states that the defendant has made a mistake in the event of default / breach of contract against the notarial deed which is authentic and legally valid authentic evidence.