To disseminate legal knowledge in the field of notarial law to the public, the Master of Notary Law Program, Faculty of Law, Universitas Gadjah Mada (UGM), uploaded Three Minute Thesis on its Instagram account @notariatlaw.ugm and YouTube channel Magister Kenotariatan FH UGM. Three Minute Thesis is a video summarizing the results of students' final project (thesis) research. The first Three Minute Thesis , titled "The Position of Marriage Agreements with Compensation Clauses in the Event of Infidelity," was written by Natashya Friska Salsabila, with Dr. Muhaimin, S.H., M.Kn. as their Supervisor.
This research stems from the discovery of marriage agreements containing compensation clauses in the event of infidelity, which state, "If one party is legally proven to have committed infidelity, that party shall not receive any property acquired during the marriage, except for those obtained through gifts and inheritance." Against this background, two research questions arise: (1) What is the legal status of a prenuptial agreement with a compensation clause in the event of infidelity from the perspective of applicable laws and regulations?; and (2) What are the legal implications of a compensation clause in the event of infidelity in a prenuptial agreement for the division of assets in the event of dissolution of the marriage?
In the first discussion, referring to the provisions of the prenuptial agreement as stipulated in Article 29 of the Marriage Law and Article 45 of the Compilation of Islamic Law, a compensation clause in the event of infidelity does not conflict with these two regulations and actually meets the requirements of a prenuptial agreement. Therefore, a prenuptial agreement with a compensation clause in the event of infidelity is legally valid. Furthermore, in the second discussion, because a prenuptial agreement with a compensation clause in the event of infidelity is legally valid, the principle of pacta sunt servanda. This affects the division of assets in the event of dissolution of the marriage. Thus, based on Article 3 of the Marriage Agreement Deed, if adultery is legally proven and renders the marriage unsustainable, the non-infidelity party will inherit all marital assets, except those obtained through gifts and inheritance.
Three Minute Thesis demonstrates the commitment of the Management and students of the Master of Notary Program, Faculty of Law, Universitas Gadjah Mada, to improving the quality of education, which is point 4 of the Sustainable Development Goals (SDGs). This is achieved through efforts to disseminate legal knowledge in the field of notary law, particularly regarding the protection of the rights of husbands and wives in marriage based on the marriage agreement deed in the event of adultery. For more complete information, Three Minute Thesis #1 can be accessed at: https://www.instagram.com/p/DJedERHv7FH/ dan/atau https://www.youtube.com/watch?v=B8ulHLZQT5w .
Author : Program Director of the Master’s Program in Notarial Law, Faculty of Law, UGM.
