Author(s): Gunawan Widjaja, Hotmaria Hertawaty Sijabat
A prenuptial agreement is an agreement made and signed by a man and a woman before their marriage. The prenuptial agreement will regulate the future assets and liabilities of the couple when they get married. This research aims to discuss the Indonesian Constitutional Court Decision No.69/PUU-XIII/2015, which allowed the married couple to sign a nuptial agreement after their marriage. The research is normative legal research that uses secondary data, which are data available to the public. It consists of primary legal sources, secondary legal sources, and tertiary legal sources. Data were collected using literature research using the google search machine. It is descriptive-analytical research conducted using a qualitative approach. It also used a comparative and historical approach to understand the concept of nuptial agreement. Results showed that the Constitutional Court Decision did not make enough consideration before making the decision. It merely relied on the freedom to own without considering the problems of a nuptial agreement, especially a postnuptial agreement. It failed to explain the consequences of a postnuptial agreement. The discussion proved that the decision conceptually, among others, forget the implication of legal pluralism in Indonesia.