Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Kepastian Hukum Perjanjian Perkawinan yang Tidak Didaftarkan terhadap Perkawinan Campuran Terkait Hak Milik Atas Tanah

Muhammad Dedi Sukma (Universitas Jayabaya)
Dhoni Martien (Universitas Jayabaya)
Felicitas Sri Marniati (Universitas Jayabaya)



Article Info

Publish Date
15 Sep 2026

Abstract

A marriage agreement serves as a legal instrument for separating marital assets in mixed marriages, particularly when one party is a foreign national and the marital assets include land. The failure to register a marriage agreement may create legal issues concerning the status of marital assets and the binding effect of the agreement on third parties. This study aims to analyze the legal consequences of an unregistered marriage agreement in mixed marriages concerning land ownership rights and to examine its legal certainty. This study employs a normative juridical method using statutory, case, analytical, and conceptual approaches. Legal materials were analyzed through grammatical and systematic interpretation and legal construction. The findings indicate that failure to fulfill formal requirements under the legal regime preceding Constitutional Court Decision Number 69/PUU-XIII/2015 may cause a marriage agreement to lose its legal force, while a valid but unregistered agreement does not bind third parties. This condition affects the status of marital assets and the position of land ownership rights under the nationality principle. Legal certainty remains predominantly curative, indicating that the execution and registration of marriage agreements should be fulfilled as an integrated legal protection mechanism.

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Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...