Article Per Year (5 Year)
p-Index From 2021 - 2026
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This Author published in this journals
All Journal Jurnal Akta Law Development Journal
Alayna Lita Agzia Khalfani
Universitas Diponegoro
Humanities Law, Crime, Criminology & Criminal Justice

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Juridical Issues of Land Ownership Rights in Mixed Marriages in Indonesia Alayna Lita Agzia Khalfani; Mira Novana Ardani
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

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Abstract

The increasing number of mixed marriages between Indonesian citizens and foreign nationals has created legal challenges regarding land ownership rights in Indonesia. These challenges arise from the inconsistency between the Basic Agrarian Law, which strictly applies the nationality principle, and the Marriage Law, which recognizes joint marital property. This study aims to analyze the legal regulation of land ownership in mixed marriages, identify the normative conflicts between agrarian and marriage law, and formulate strategies to strengthen legal certainty. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials were collected through library research and analyzed qualitatively using a descriptive-analytical method. The findings reveal that the interaction between the nationality principle and the concept of joint marital property creates significant legal uncertainty for Indonesian citizens who marry foreign nationals, particularly in the absence of a marital agreement. Although Constitutional Court Decision Number 69/PUU-XIII/2015 permits postnuptial agreements and provides greater legal protection, it has not fully resolved the existing regulatory inconsistency. Therefore, harmonized agrarian and marriage laws, stronger institutional coordination, and greater public legal awareness are essential to ensure legal certainty and protect the land ownership rights of Indonesian citizens.
Mortgage Rights over Property Involving Foreign Nationals: Legal Risks and Reform in Indonesia Alayna Lita Agzia Khalfani; Mira Novana Ardani
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.1132-1147

Abstract

This study aims to analyze the legal position of mortgage rights (Hak Tanggungan) over land or property owned or controlled by foreign nationals in the Indonesian secured transactions system, as well as to identify the legal risks faced by creditors and the corresponding mitigation measures. This research employs a normative juridical method with statutory, conceptual, and case approaches, analyzed using a prescriptive-analytical framework. The findings indicate that mortgage rights related to foreign nationals are legally valid only when imposed on the Right of Use (Hak Pakai) in accordance with Article 4 paragraph (2) of the Mortgage Law. Conversely, the imposition of mortgage rights over freehold land (Hak Milik) that is de facto controlled by foreign nationals through nominee arrangements is potentially null and void, as it violates the nationality principle in Indonesian agrarian law. Furthermore, creditors face multidimensional legal risks, including invalidity of security, unenforceability of execution, regulatory risks, and potential criminal liability. The study also reveals that effective risk mitigation requires a comprehensive approach, including rigorous legal due diligence, and appropriate structuring of collateral. Therefore, regulatory harmonization and strengthened supervisory mechanisms are necessary to enhance legal certainty and protection in mortgage practices involving foreign nationals.
Co-Authors Mira Novana Ardani