Marriage is a sacred bond between two people that is witnessed by the public, registered, and valid by law (Law Number 1 of 1974 concerning Marriage). Meanwhile, mixed marriage is a bond between two people who have different nationalities which is witnessed, registered, and valid by law.
Most Indonesian citizens rarely hear the terms pre-nuptial agreement (Law No. 1, article 29, 1974 concerning marriage) or post-nuptial agreement (Constitutional Court Decision No. 69/PUU-XII/2015 concerning marriage agreements) because the concept for citizens In Indonesia, when they get married, all assets obtained during the marriage are joint assets (Marriage Law Number 1 of 1974, Article 35 paragraph 1).
Apart from this concept, most Indonesians do not think about discussing the separation of assets by making a pre-nuptial agreement or post-nuptial agreement because it will seem inappropriate or give the impression that they are more concerned with the matter of assets than the purpose of the marriage. Another reason is a lack of legal understanding regarding pre-nuptial agreements.
However, the terms pre-nuptial agreement or post-nuptial agreement are quite well known and understood by certain groups, especially those who own assets or businesses (which were owned before marriage), or have inherited assets, or those who wish to separate their respective assets.
Most of these groups prefer to make a pre-nuptial agreement or post-nuptial agreement. Another reason for some people to make a pre-nuptial agreement or post-marital agreement is to simplify the process of dividing these assets in the event of a divorce.
A pre-nuptial agreement or post-nuptial agreement aims to separate the assets of the two parties (husband and wife) if one or both parties had assets or businesses before the marriage, separate responsibilities for children from their marriage, separate the debts of both parties (husband and wife) if one or both parties have debts before the marriage and if they want/intend to make debts after the marriage, protect the rights of both parties (if one or both parties have been previously married and have children from previous marriage).
A pre-nuptial agreement or post-nuptial agreement confirms what is the husband’s property and responsibility, and what is also the wife’s responsibility.
In general, a pre-nuptial agreement or post-nuptial agreement confirms that everything owned (on behalf of) the wife is the right/belonging to the wife and the assets or debts owned by the wife (on behalf of the wife) are regulated and the wife’s responsibility.
Likewise, everything owned (on behalf of) the husband is the husband’s right/property, and the assets or debts owned by the husband (on behalf of the husband) are regulated and the husband’s responsibility.
A pre-nuptial agreement or post-marital agreement may seem selfish and does not show a sense of trust or love between the two parties, especially if both parties have discussed in advance the separation of assets and responsibilities before the marriage or during the marriage, but if you look at it in terms of protecting the rights of both parties, a pre-nuptial agreement is an agreement that provides comfort for both parties if problems arise in the future.