Law Development Journal
Vol 8, No 2 (2026): June 2026

Building A Restorative Property Justice Paradigm for Marital Assets in Indonesian International Marriages

Raden Maestro Broto Ariyo (Universitas Diponegoro (UNDIP))
FX Joko Priyono (Universitas Diponegoro (UNDIP))
Yunanto Yunanto (Universitas Diponegoro (UNDIP))
Herni Widanarti (Universitas Diponegoro (UNDIP))



Article Info

Publish Date
05 Jun 2026

Abstract

Indonesia’s mixed marriages expose a structural friction between the Marriage Law’s default of community property and the agrarian lex situs that bars foreign nationals from holding Hak Milik. This article proposes Restorative Property Justice (RPJ), a compliance first paradigm that aligns restorative values with land administration realities. Using a desk-based design (normative doctrinal analysis; PRISMA guided mapping of Indonesian decisions, 2015–2025; regulatory design review; and functional comparison to EU Reg. 2016/1103), researcher show that sustainable settlements pivot on registrability: mediation under PERMA 1/2016 must mature into a consent judgment, translate into the correct notarial/PPAT deed, and clear BPN’s documentary gates (PP 18/2021). Findings include a typology of disputes (A–C), evidence that value splitting and lawful conversion outperform title splitting, and a Court Notary/PPAT BPN decision flow that reduces execution risk. Researcher offer a clause toolkit (ring fencing, compensation+escrow, situs safe choice of law, third party protection, compliance covenants) and policy proposals to standardize mediation minutes/templates and align PPAT/BPN SOPs. RPJ reframes equity and legality as design variables, yielding settlements that are fair, portable, and executable.

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Journal Info

Abbrev

ldj

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...