Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

KEDUDUKAN HUKUM HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN

Rizky Amalia (Universitas 17 Agustus 1945 Surabaya)
Sri Setyadji (Universitas 17 Agustus 1945 Surabaya)



Article Info

Publish Date
20 Jan 2023

Abstract

Indonesian citizens have the right to own land rights. However, for Indonesian citizens who carry out mixed marriages, there are exceptions, namely that an agreement on the separation of assets must be made. So that in this study there are 2 (two) problem formulations, namely: 1. What is the legal position of land rights in mixed marriages? 2. Can land rights from mixed marriages have the status of property rights? This research is normative juridical research using 3 (three) approach methods, namely statutory approach, conceptual approach, and case approach. And the results of the study found that based on the Constitutional Court Decision Number 69/PUU-XIII/2015, an agreement on the separation of assets can be made at the time of marriage, before the marriage takes place, or while in a marriage bond. Then based on the provisions of Article 21 Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles juncto Article 3 Government Regulation of the Republic of Indonesia Number 103 of 2015 concerning Ownership of Residential or Residential Houses by Foreigners Domiciled in Indonesia, Indonesian Citizens who carry out Mixed marriages can have the same land rights as other Indonesian citizens who do not carry out mixed marriages, but this must be proven by an agreement on the separation of assets

Copyrights © 2023






Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...