Legal Protection of Land Rights in Mixed Marriages Ending in Divorce

General Background: Mixed marriages in Indonesia face legal complexities, especially regarding property division upon divorce due to differing national laws. Specific Background: Conflicts between the Basic Agrarian Law (UUPA) and the Civil Code (KUHPerdata) complicate land ownership rights in these marriages. Knowledge Gap: Few studies address the protection of Indonesian citizens’ land ownership rights in mixed marriages ending in divorce. Aims: This study analyzes the legal protection of these rights and identifies existing obstacles. Results: Key challenges include legal jurisdiction complexities and a lack of prenuptial agreements, leading to legal uncertainties. Novelty: This research focuses on the interplay between national land ownership laws and international marital dissolution. Implications: The study suggests the necessity for stronger prenuptial agreements and reforms to better protect land ownership rights post-divorce, enhancing legal certainty and fairness. Highlights: Legal Conflicts: Highlights how discrepancies between the UUPA and KUHPerdata complicate land ownership rights. Prenuptial Agreements: Emphasizes the critical need for robust prenuptial agreements in mixed marriages. Legal Reform: Calls for reforms to improve legal protections for land ownership rights post-divorce. Keywords: Mixed Marriage, Land Ownership, Divorce, Legal Protection

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Publication Details

Journal
Indonesian Journal of Law and Economics Review
Published
2024-08-19
DOI
https://doi.org/10.21070/ijler.v19i3.1149
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Protection of Land Rights in Mixed Marriages Ending in Divorce

Pandapotan Damanik, Shem Yafet Cundus Pratama Damanik
Indonesian Journal of Law and Economics Review
Marriage and Family Dynamics
article

Legal Protection of Land Rights in Mixed Marriages Ending in Divorce

Pandapotan Damanik, Shem Yafet Cundus Pratama Damanik
article en

Abstract

General Background: Mixed marriages in Indonesia face legal complexities, especially regarding property division upon divorce due to differing national laws. Specific Background: Conflicts between the Basic Agrarian Law (UUPA) and the Civil Code (KUHPerdata) complicate land ownership rights in these marriages. Knowledge Gap: Few studies address the protection of Indonesian citizens’ land ownership rights in mixed marriages ending in divorce. Aims: This study analyzes the legal protection of these rights and identifies existing obstacles. Results: Key challenges include legal jurisdiction complexities and a lack of prenuptial agreements, leading to legal uncertainties. Novelty: This research focuses on the interplay between national land ownership laws and international marital dissolution. Implications: The study suggests the necessity for stronger prenuptial agreements and reforms to better protect land ownership rights post-divorce, enhancing legal certainty and fairness. Highlights: Legal Conflicts: Highlights how discrepancies between the UUPA and KUHPerdata complicate land ownership rights. Prenuptial Agreements: Emphasizes the critical need for robust prenuptial agreements in mixed marriages. Legal Reform: Calls for reforms to improve legal protections for land ownership rights post-divorce. Keywords: Mixed Marriage, Land Ownership, Divorce, Legal Protection

Indonesian Journal of Law and Economics ReviewVol. 19(3)
Universitas Simalungun (ID)
Openalex Percentile: Top 71%
Marriage and Family Dynamics
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