Ratio Legis for Making a Marriage Agreement as a Legal Protection Means Against Intended Assets

Abstract

This type of legal research in this study uses juridical-normative. Whereas in the structure and characteristics of property in marriage, there are two types of assets, namely, first: joint property along with its characteristics are assets that are jointly owned by the wife and husband. So that in the management of joint assets, it must be through the approval of both parties as stipulated in the provisions of the Marriage Law Article 36 paragraph 1 and the Provisions for the Compilation of Islamic Law Articles 91 and Article 92. The second type of property is innate property, gifts received personally by each party and the inheritance obtained by each party.  With respect to this type of property, the right to control and manage it is absolutely the private property of each husband and wife unless a deviation is determined through a marriage agreement. As stipulated in the provisions of Article 36 paragraph 2 of the Marriage Law and the provisions of Article 87 of the Compilation of Islamic Law.