Nyoman Sri Susilowati New Doctorate in Legal Studies Study Program, Law UNUD

• Posted by: Admin
• Rabu, 31 Agustus 2022
• Has been read 157 time(s)

"Reconstruction of Marriage Agreement Arrangements in Mixed Marriages in a Gender Perspective Regarding the Function of Notaries after the Decision of the Constitutional Court Number 69/PUU-XIII/2015" is the title of Nyoman Sri Susilowati's dissertation. He defended his dissertation at the Open Examination which was held on Monday, August 29, 2022 at the Hall of the Faculty of Law, Unud. The exam was led directly by the Dean of the Faculty of Law Unud with the Promoter Team: Prof. Dr. Ni Ketut Supasti Dharmawan, SH., M. Hum., LLM, Dr. AA Gde Oka Parwata, SH., M.Si, Dr. Putu Tuni Cakabawa Landra, SH., M. Hum and 4 other examiners. The results of the study show that the nature of the marriage agreement with reference to the purpose of marriage should provide justice for both Indonesian citizens (WNI) women who marry foreign men (WNA) because both wives and husbands are legal subjects who receive human rights protection. The nature of justice for Indonesian women was only accommodated after the Constitutional Court's decision and even the Constitutional Court also emphasized the role of the Notary in making the marriage agreement deed. By referring to Article 1320 of the Civil Code and Article 1338 of the Civil Code specifically on the principle of good faith, the Notary can still carry out his role of making marriage agreements after the Constitutional Court's decision by accommodating justice for Indonesian women who marry foreign men, and not harming the interests of third parties. Reconstruction of marriage agreement arrangements for Indonesian citizens and foreigners after the Court's decision in the future, namely by explicitly regulating the Constitutional Court's decision into the Marriage Law by revising Article 29 paragraph 1 of the Marriage Law and regulating the function of a notary in making a marriage agreement with legal certainty, fair, and beneficial to the parties and used as a guide for the Notary. (UPIKS&IT FH Unud Team)