MARITAL AGREEMENT IN THE ERA OF INDUSTRIAL REVOLUTION 4.0

Abstract

A marital agreement can be taken by a married couple to make various agreements in marriage, including arrangements with regards to their assets. The marital agreement will bind both the husband and wife as well as a third party as long as there is a related interest. The marital agreement made after the marriage takes place (post-marital) is most likely to cause problems if made underhanded, because this will not guarantee the protection of the third parties. Therefore, the post-marital agreement must be made in front of a notary in order to guarantee the protection of the third-party’s interests.

Nowadays, we are facing the 4.0 industrial era that aims to create a sustainable national industrial development order. This is with regards to creating social justice for all Indonesian people, including preparing strategic measures in the form of policies in legal framework. In this regard, then to create justice for the parties, marital agreements made in front of a notary must be submitted (uploaded) into the website of Directorate for Civil Affairs, Directorate General of Public Law Administration of Ministry of Law and Human Rights. Hence, it is accessible by the public. Thus, should anyone object to the marital agreement material, they can make corrections or express objections and request cancellation of the marital agreement.