Dhanna Asha Audria Budi
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LEGAL STUDY OF LAND OWNERSHIP OF INDONESIAN CITIZENS DUE TO MIXED MARRIAGES (CASE STUDY OF CONSTITUTIONAL COURT DECISION NUMBER 69/PUU/XIII/2015) Dhanna Asha Audria Budi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5534

Abstract

Mixed marriages in Indonesia often causeproblems. One of them is regarding the mixingof assets which causes the degradation of therights of Indonesian Citizens (WNI) in terms ofland ownership. This is because before theissuance of the Constitutional Court DecisionNo. 69/PUU-XIII/2015, the applicableregulations did not provide an opportunity forIndonesian citizens to make a separation ofassets agreement after a mixed marriage tookplace. In fact, not everyone understands thelegal consequences of mixed marriages so theydo not make a marriage agreement before themarriage takes place. With the issuance of theConstitutional Court Decision No. 69/PUUXIII/2015, it is now possible to make a marriageagreement after the marriage takes place(Postnuptial Agreement).The purpose of thisstudy is to analyze the problems of landownership rights that arise in mixed marriagesin Indonesia and the solutions created in orderto realize justice for all Indonesian citizenswithout exception. The research method uses anormative or doctrinal legal approach that usessecondary data or literature. The results of thestudy show that the provisions regarding landownership for Indonesian citizens with mixedmarriages before the Constitutional CourtDecision No. 69/PUU-XIII/2015 has caused alot of polemics because it is considered to becontrary to the values of justice for Indonesiancitizens, especially those who enter into mixedmarriages without making a marriageagreement before the marriage takes place.Based on the Constitutional Court's decision,there has been a change in the provisionsregarding marriage agreements in mixedmarriages that allow for a marriage agreementto be made after the marriage takes place(Postnuptial Agreement). This is one solutionto the problem of joint property in mixedmarriages for those who have not made amarriage agreement before the marriage takesplace. So that justice can be realized for allIndonesian citizens