Perjanjian Pisah Harta dalam Perkawinan sebagai Bentuk Perikatan Khusus

A property separation agreement is a legal instrument that allows a husband and wife to organize their property relations during marriage based on mutual agreement. Developments in the regulations following Constitutional Court Decision No. 69/PUU-XIII/2015 have raised issues regarding the status, validity, and legal consequences of such agreements, both for the parties involved and for third parties. This study seeks to explore the legal status of a property separation agreement as a specific form of contractual obligation, its validity requirements, and its legal consequences regarding the property relationships between spouses and third parties. This research applied a normative legal research method, using a statutory and conceptual approach. Legal materials were compiled through a literature review. The data was analyzed with a prescriptive-qualitative approach. The findings revealed that a property separation agreement is a specific form of contractual obligation that integrates the principles of contract law with the provisions of the Marriage Law. The validity of the agreement is determined by the fulfillment of the conditions for a legally valid agreement under Article 1320 of the Civil Code, as well as the specific provisions of Article 29 of the Marriage Law, as interpreted through Constitutional Court Decision No. 69/PUU-XIII/2015. Such an agreement has legal consequences regarding the ownership, control, and responsibility for the spouses’ assets according to the terms of the contract. However, its implementation must still take into account the rights of third parties, particularly creditors who have had a prior legal relationship.