JURNAL USM LAW REVIEW
Vol. 9 No. 3 (2026): SEPTEMBER

Legal Implications of Mixed Marriage Annulment on Nominee Agreement Land Ownership Schemes

Dedy Simanungkalit (Universitas Pelita Harapan)
Rachmaliani Rofiqoh (Universitas Pelita Harapan)
Shinta Pangesti (Universitas Pelita Harapan)



Article Info

Publish Date
19 May 2026

Abstract

This study examines the normative tension between marriage law and agrarian law in determining the legal status of land acquired in mixed marriages that are subsequently annulled. The urgency of this research arises from the normative gap regarding the status of joint property after annulment and the use of nominee agreements to circumvent restrictions on foreign land ownership under Indonesian agrarian law. Previous studies have generally discussed marriage annulment, joint property, or nominee arrangements separately, without integrating marriage law, agrarian law, and contract law into a single analytical framework. This research employs normative juridical methods using statutory and case approaches through the analysis of legislation, legal doctrines, and court decisions. The novelty of this study lies in the integrated doctrinal framework that positions marriage annulment as an entry point for courts to identify legal circumvention and reassess contractual structures related to land control by foreign nationals. The findings reveal that land acquired through nominee arrangements cannot be classified as joint marital property because agrarian law restrictions prevail over private contractual arrangements. Nominee agreements are null and void due to unlawful causa, while financial contributions by foreign nationals do not create proprietary rights over land. This study concludes that marriage annulment functions not only to invalidate marital status but also to restore compliance with agrarian law and prevent disguised foreign land control.

Copyrights © 2026






Journal Info

Abbrev

julr

Publisher

Subject

Social Sciences

Description

Journal USM LAW REVIEW (JULR) is an academic journal for Legal Studies published by Master of Law, Semarang University. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches ...