The Legal Concept of Joint Property of Mixed Marriage in the International Civil Law System from the Perspective of Legal Justice

Mixed marriage between Indonesian citizens and foreign citizens has become an increasingly common phenomenon due to rapid globalization and increasing tourist visits to Indonesia. One of the main issues is regarding the arrangement of joint property, which is influenced by the various legal systems of each couple's home country. This study aims to analyze the perspective of legal justice in the reform of joint property arrangements in mixed marriages. The research method uses a normative legal approach, with data collection through relevant literature reviews and in-depth interviews. The data was systematically analyzed and tested for validity using the triangulation method to ensure validity. The results of the study show that differences in legal systems between countries create significant challenges for couples in managing, owning, and dividing joint property. Inequality and discrimination are common, especially in cross-border property ownership, which can be detrimental to one party. To overcome this challenge, harmonization of international civil law is needed through the application of the principles of universal justice and inclusive legal reform. In addition, the development of marriage agreements that are responsive to globalization can be a solution to provide better legal protection, reduce uncertainty, and ensure that the rights of couples are met fairly. This study recommends legal reforms that prioritize the principles of justice and the protection of rights in mixed marriages, in order to create a legal system that is more responsive to the dynamics of globalization.

Authors

Institutions

Publication Details

Journal
International Journal Of Humanities Education and Social Sciences (IJHESS)
Published
2024-12-31
DOI
https://doi.org/10.55227/ijhess.v4i3.1426
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Legal Concept of Joint Property of Mixed Marriage in the International Civil Law System from the Perspective of Legal Justice

Fitri Khairunnisa, Suhariningsih Suhariningsih, Afifah Kusumadara, Setyo Widaqdo
International Journal Of Humanities Education and Social Sciences (IJHESS)
Legal Studies and Reforms
article

The Legal Concept of Joint Property of Mixed Marriage in the International Civil Law System from the Perspective of Legal Justice

Fitri Khairunnisa, Suhariningsih Suhariningsih, Afifah Kusumadara, Setyo Widaqdo
article en

Abstract

Mixed marriage between Indonesian citizens and foreign citizens has become an increasingly common phenomenon due to rapid globalization and increasing tourist visits to Indonesia. One of the main issues is regarding the arrangement of joint property, which is influenced by the various legal systems of each couple's home country. This study aims to analyze the perspective of legal justice in the reform of joint property arrangements in mixed marriages. The research method uses a normative legal approach, with data collection through relevant literature reviews and in-depth interviews. The data was systematically analyzed and tested for validity using the triangulation method to ensure validity. The results of the study show that differences in legal systems between countries create significant challenges for couples in managing, owning, and dividing joint property. Inequality and discrimination are common, especially in cross-border property ownership, which can be detrimental to one party. To overcome this challenge, harmonization of international civil law is needed through the application of the principles of universal justice and inclusive legal reform. In addition, the development of marriage agreements that are responsive to globalization can be a solution to provide better legal protection, reduce uncertainty, and ensure that the rights of couples are met fairly. This study recommends legal reforms that prioritize the principles of justice and the protection of rights in mixed marriages, in order to create a legal system that is more responsive to the dynamics of globalization.

International Journal Of Humanities Education and Social Sciences (IJHESS)Vol. 4(3)
University of Brawijaya (ID)
Openalex Percentile: Top 58%
Legal Studies and Reforms
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

The Legal Concept of Joint Property of Mixed Marriage in the International Civil Law System from the Perspective of Legal Justice — Fitri Khairunnisa, Suhariningsih Suhariningsih, et al. · International Journal Of Humanities Education and Social Sciences (IJHESS) (2024) | TGRS Research Map | TGRS