Borobudur Law Review

In accordance with Article 29 of the Marriage Law and Article 152 of the Civil Code, marriage agreements must be registered with the marriage registrar. For Muslims, this registration is done at the Office of Religious Affairs (KUA), while for non-Muslims, it is registered at the Civil Registry Office. The purpose of this research is to analyze the legal basis for the judge's considerations in Decision No. 10/Pdt.G/2022/PN.Kbm, which nullified the marriage agreement despite the non-consummation of the marriage. This study is descriptive-qualitative research, analyzing the judge's considerations based on legal principles. The research was conducted in Magelang Regency and City, as the respondents were selected from these areas. The respondents consists of judges, lawyers, and notaries. The interview results were then analyzed based on normative legal principles. The data analysis employed a qualitative descriptive approach. The result of this research indicates that marriage agreements can be established either before or after the marriage is conducted by the parties involved. However, when the agreement is made before the marriage ceremony, there is no need for nullification of the agreement. This is because the agreement made by the parties is not yet effectively enforced.