Reassessing Prenuptial Agreement As An Instrument For The Protection Of Personal Property Rights: A Comparative Study Between Indonesia, Alaska And Germany

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