The Legal Position Of Marriage Agreements Regarding Land Rights In Mixed Marriages In Indonesia

The purpose of this article is to analyze the legal position of prenuptial agreements in mixed marriages regarding land rights. The type of research used is normative legal research that investigates the systematics of law. This systematic legal research is conducted on laws and regulations or laws that are in accordance with the topic raised. The results of the study indicate that making a prenuptial agreement for the separation of property in mixed marriages is an effective way to resolve cases related to land rights in mixed marriages. Settlement of land ownership disputes in mixed marriages without a prenuptial agreement in Indonesia is by filing a request for separation of property by one of the husband and wife to the court according to their relative competence. This shows that without a prenuptial agreement, the legal process to protect land rights becomes more complex and requires court intervention. Therefore, a prenuptial agreement is considered important because it provides a more efficient path. According to the author, this settlement is the only best and legal way in the eyes of the law.

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Publication Details

Journal
International Journal of Educational Research & Social Sciences
Published
2024-12-26
DOI
https://doi.org/10.51601/ijersc.v5i6.901
Primary Topic
Marriage and Family Dynamics
Type
article
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article

The Legal Position Of Marriage Agreements Regarding Land Rights In Mixed Marriages In Indonesia

Erna Dyah Kusumawati, Yudho Taruno Muryanto, Shindi Yulia Ardana
International Journal of Educational Research & Social Sciences
Marriage and Family Dynamics
article

The Legal Position Of Marriage Agreements Regarding Land Rights In Mixed Marriages In Indonesia

Erna Dyah Kusumawati, Yudho Taruno Muryanto, Shindi Yulia Ardana
article en

Abstract

The purpose of this article is to analyze the legal position of prenuptial agreements in mixed marriages regarding land rights. The type of research used is normative legal research that investigates the systematics of law. This systematic legal research is conducted on laws and regulations or laws that are in accordance with the topic raised. The results of the study indicate that making a prenuptial agreement for the separation of property in mixed marriages is an effective way to resolve cases related to land rights in mixed marriages. Settlement of land ownership disputes in mixed marriages without a prenuptial agreement in Indonesia is by filing a request for separation of property by one of the husband and wife to the court according to their relative competence. This shows that without a prenuptial agreement, the legal process to protect land rights becomes more complex and requires court intervention. Therefore, a prenuptial agreement is considered important because it provides a more efficient path. According to the author, this settlement is the only best and legal way in the eyes of the law.

International Journal of Educational Research & Social SciencesVol. 5(6)
Sebelas Maret University (ID)
Openalex Percentile: Top 60%
Marriage and Family Dynamics
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