<![CDATA[This article examines the normative disharmony between Indonesian Marriage Law and Intellectual Property Law concerning the legal status and division of Intellectual Property Rights (IPR) as joint marital property upon divorce. The study focuses on the absence of explicit legal provisions regulating whether intellectual property acquired during marriage constitutes joint property and how its economic value should be distributed following the dissolution of marriage. This regulatory gap creates legal uncertainty, particularly due to the different legal characteristics of moral rights and economic rights within the intellectual property regime. To address this issue, the research employs Gustav Radbruch’s theory of legal certainty, John Rawls’ theory of justice, and John Locke’s theory of property rights. Using normative legal research methods with statutory, conceptual, and case approaches, the study analyses legislation, legal doctrines, and relevant judicial decisions relating to marriage law and intellectual property rights. The findings demonstrate that intellectual property acquired during marriage may be recognised as joint marital property only insofar as it embodies economic rights capable of generating financial benefits. In contrast, moral rights remain inherently attached to the creator or rights holder and therefore cannot be transferred or divided in divorce proceedings. The study further argues for the harmonisation of marriage law and intellectual property law through a legal framework that recognises the economic value of intellectual property as part of the marital estate while preserving the personal nature of moral rights. Such harmonisation is necessary to ensure legal certainty, justice, and legal protection in disputes involving intellectual property as joint marital property.]]>
