HAK MILIK BERSAMA DALAM PERKAWINAN CAMPURAN INTERNASIONAL: ANALISIS POTENSI KONFLIK HUKUM

Abstract

Mixed marriages between Indonesian citizens (WNI) and foreign citizens (WNA) can result in legal complexities, particularly regarding joint ownership of assets, particularly land. Marriage Law No. 1 of 1974 stipulates that assets acquired during marriage become joint property, but the Basic Agrarian Law (UUPA) limits land ownership rights to Indonesian citizens only. This discrepancy has the potential to lead to legal conflicts in mixed marriages, especially without a marriage agreement separating assets. This study applies a normative juridical method to examine the legal provisions on joint ownership rights and potential conflicts related to land ownership in mixed international marriages in Indonesia. The results indicate that marriage agreements are an important solution to protect the land ownership rights of Indonesian citizens and prevent the mixing of assets with foreign nationals. The need for regulatory harmonization and increased public understanding of the importance of marriage agreements is also recommended to prevent legal uncertainty and potential conflicts.