Protection: Journal Of Land And Environmental Law
Vol. 5 No. 1 (2026): Protection: Journal Of Land And Environmental Law. (July – October 2026)-In Pre

Legal Status Of Joint Land Ownership Rights In International Mixed Marriage Regimes

Elisabeth Sanam (Universitas Warmadewa, Indonesia)
I Made Suwitra (Universitas Warmadewa, Indonesia)
I Wayan Rideng (Universitas Warmadewa, Indonesia)



Article Info

Publish Date
22 Aug 2026

Abstract

This research aims to analyze the legal status of land ownership rights acquired during international mixed marriages as joint property and to formulate a resolution for the normative conflict between the marriage regime and the principle of nationality. This study employs a normative legal research method with statutory, conceptual, and case approaches, utilizing legal materials collected through library research. The results indicate that land ownership rights in mixed marriages remain strictly subject to the nationality principle under the Basic Agrarian Law (UUPA); thus, while civil law may consider it joint property, the involvement of a foreign spouse cannot be recognized in land ownership rights. The study concludes that the normative conflict is resolved through the principle of lex specialis derogat legi generali, positioning the UUPA as a specific law that overrides general marriage provisions. To ensure legal certainty, it is essential to implement preventive protection through prenuptial agreements and repressive protection through rights relinquishment mechanisms.

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Journal Info

Abbrev

pjlel

Publisher

Subject

Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Protection: Journal Of Land And Environmental (PJLEL) Law also uses the LOCKSS system to ensure a secure and permanent archive for the journal. With regard to the interaction between law, sustainability and the environment, the aim is to seek legal protection in aspects of land law, environmental ...