The Consequences of Nuptial Agreement Certificate That Is Not Registered According to Law Number 1 Year 1974 Benny Djaja 1* Axel Jordan Rengkung 1 1 Faculty of Law, Tarumanagara University, 11440, Jakarta, Indonesia * Corresponding author. Email: bennydjaja.bd@gmail.com ABSTRACT The existence of Nuptial agreements, can provide legal certainty by becoming the legal basis for joint property, inheritance and debts incurred during the marriage. As in general, the existence of debt in marriage becomes a problem when there is a divorce or one dies. This is why the marriage covenant is so important because if a marriage agreement is not registered for ratification it will be a matter of common property, inheritance and debts incurred during the marriage. The purpose of this research is to review and analyse the legal consequences of marriage agreement deed that is not registered under Law No.1 Year 1974 on marriage agreements. The research method used is a normative juridical research method focused on reviewing the application of laws on marriage certificates stipulated in Law No. 1 of 1974. In this study it can be concluded that the validity of the Marriage Agreement Act that is not registered under the provisions of article 29 of Law No. 1 of 1974 concerning Marriage Agreement is that the marriage agreement must be registered if it is not registered, then the marriage agreement is only binding / valid for the parties who make it, namely the husband and wife concerned. Keywords: marriage law, registration of nuptial agreements, marital property, Decision of the Constitutional Court of the Republic of Indonesia Number 69/PUU-XII/2015 1. INTRODUCTION Marriage is an agreement between a man and a woman to form a family, this can be seen in Law No. 1 of 1974 on Marriage where in Article 1 which states that marriage is; "Marriage is the inner birth bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One True God." Based on Article 1, the core understanding in marriage is the inner birth bond between a man and a woman, where between them is a close and noble relationship as a husband and wife to live together and form a family based on the One True God. From the sense of marriage as mentioned above, it is very important for a country to regulate the marriage itself given that the impact of a lasting and Happy marriage will result in a strong family and in turn will be the driving force in a country. The birth of Law No. 1 of 1974 on Marriage provides legal certainty for the people of Indonesia. The law on marriage itself comes from the culture, groups and religions in Indonesia and remains based on the diversity of ethnic and cultural and customs of the Indonesian nation and certainly applies to all groups and regions throughout the territory of the Unitary State of the Republic of Indonesia. With the enactment of Law No. 1 of 1974 on Marriage, there has been a legal unification in marriage in Indonesia. So that the legal arrangements on marriage have the same applies to all citizens. Marriage itself has an important effect in the lives of the parties who hold marriages (J. Satrio, 1993:28). One of the legal consequences of marriage is the existence of joint property or joint property in marriage. Law No. 1 of 1974 on Marriage has also regulated the joint property in marriage, namely in Chapter VII, Article 35 to Article 37. In Law No. 1 of 1974 on Marriage, joint property in marriage is divided into: 1. Property of the husband or wife The property of the husband or wife is the property that has been owned by the husband or wife before the marriage and the property obtained by the husband or wife throughout the marriage which is derived from gifts or inheritance. For this property Law No. 1 of 1974 on Marriage, in Article 36 paragraph (2) states; "Concerning each other's property, husband and wife have the full right to do legal deeds concerning their property." As stated in the information above, it can be seen that the assets of both the husband and wife have authority over their assets. This means that each party has full rights over each party's property. Advances in Social Science, Education and Humanities Research, volume 570 Proceedings of the International Conference on Economics, Business, Social, and Humanities (ICEBSH 2021) Copyright © 2021 The Authors. Published by Atlantis Press SARL. This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 84