Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Vol. 2 No. 6 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora

Hukum Tanah dan Kewarganegaraan dalam Perkawinan Silang di Indonesia

Naila Nurazizah (Unknown)
Ahmad Ashfannawa Fauza (Unknown)
Ismi Arinal Mufidati (Unknown)



Article Info

Publish Date
28 Nov 2025

Abstract

Cross-national marriages between Indonesian citizens and foreign nationals generate complex legal issues concerning land ownership and citizenship. The Basic Agrarian Law (UUPA) and Citizenship Law No. 12 of 2006 have yet to harmonize their provisions regarding property rights within mixed-nationality marriages. This study aims to analyze the interrelation between land law and citizenship in cross-national marriages and evaluate their legal certainty. The research employs a normative-empirical approach by reviewing statutory regulations, case law, and interviews with land officials. The findings reveal a normative conflict between the prohibition of land ownership by foreign nationals and the constitutional right of Indonesian citizens married to foreigners to acquire joint property rights. Such disharmony leads to legal uncertainty and potential violations of property rights. The study concludes that reforming Indonesia’s land and citizenship law is crucial to accommodate international marriage dynamics and ensure legal certainty for all citizens.

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Journal Info

Abbrev

Aliansi

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Topics of interest in the Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora in particular include the study of Communication, Politics, Government, International Relations, and Social ...