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All Journal Journal of Law, Poliitic and Humanities Media Hukum Indonesia (MHI)
Fazila, Raysha Aulia
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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A Comparative Study of Marriage Agreements Between Cross-National Couples in Indonesia and the Netherlands Rizqareka D, Cinta; Afifa, Erina Nur; Busroni, Rania Syifa; Fazila, Raysha Aulia; Akbar, Muhamad Dafi; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17847469

Abstract

Marriages between Indonesian citizens and foreign nationals create complex legal consequences, particularly regarding the regulation of joint property and the legal status of the parties involved. A prenuptial agreement serves as an essential legal instrument to provide legal certainty and protection for the rights and obligations of both spouses. This study aims to analyze the differences in the regulation of prenuptial agreements for couples with different nationalities between Indonesia and the Netherlands, as well as to examine their implications for the recognition and enforcement of such agreements in both countries. The research employs a normative juridical method with statutory and comparative approaches, using primary legal materials such as the Indonesian Civil Code and the Dutch Burgerlijk Wetboek, along with secondary materials including legal literature and academic journals. The findings reveal that Indonesia still applies the joint property system as the default rule under Law Number 1 of 1974 on Marriage, whereas the Netherlands, since 2018, has adopted the limited community of property system, which establishes the separation of personal property as the legal foundation. Moreover, the Netherlands grants couples with different nationalities the freedom to choose the applicable law through the choice of law mechanism as regulated in Council Regulation (EU) No. 2016/1103, while Indonesia does not yet have a clear mechanism in this regard. These differences have implications for legal certainty, regulatory flexibility, and the protection of spousal rights in mixed marriages
Legal Protection for Home Ownership Loan Debtors of Bank Tabungan Negara for the Delay in the Issuance of Land Certificates After Credit Repayment Fazila, Raysha Aulia; Putri, Citraresmi Widoretno
Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i2.2663

Abstract

The delay in issuing land title certificates after the repayment of Home Ownership Loans creates legal uncertainty and potential losses for debtors. This study aims to analyze the responsibility of Bank Tabungan Negara and the role of the National Land Agency regarding delays in issuing land title certificates after loan repayment, to assess whether such delays fulfill the elements of default or constitute an unlawful act and to evaluate the forms of legal protection and dispute resolution mechanisms available to debtors. The object of this study is the legal issue related to delays in issuing land title certificates after loan repayment. The research subjects include Home Ownership Loan debtors, Bank Tabungan Negara and the National Land Agency. This study applies a normative legal research method using juridical analysis and case studies. The results indicate that Bank Tabungan Negara bears moral and administrative responsibility in ensuring the rights of debtors, while the National Land Agency plays a role in the issuance of certificates and supervision of the bank’s obligations. Delays in certificate issuance may fulfill the elements of administrative default if negligence occurs in fulfilling obligations by Bank Tabungan Negara. The bank needs to strengthen its internal task force, while the National Land Agency should optimize the implementation of Electronic Mortgage Rights, Electronic Land Certificates and apply a Service Level Agreement to ensure accountability and timeliness of certificate issuance which provides legal certainty and legal protection.
Co-Authors Afifa, Erina Nur Akbar, Muhamad Dafi Busroni, Rania Syifa Putri, Citraresmi Widoretno Ramadhani, Dwi Aryanti Rizqareka D, Cinta