Perjanjian Perkawinan sebagai Instrumen Perlindungan Hak Atas Tanah bagi WNI dalam Perkawinan Campuran dengan WNA Ditinjau dari UUPA

Mixed marriages between Indonesian citizens and foreign nationals give rise to legal issues concerning the ownership and protection of land rights held by Indonesian citizens. This study examines the legal position of a prenuptial or postnuptial agreement as a legal instrument for protecting the land rights of Indonesian citizens in mixed marriages under the Basic Agrarian Law (UUPA), as well as the legal consequences arising when no agreement on the separation of assets is made. This research employs a normative juridical method with a descriptive-analytical approach. The analysis is conducted through a statutory approach and a conceptual approach. The findings indicate that a marriage agreement serves as an important legal instrument for establishing the separation of assets between spouses in a mixed marriage. Such separation provides legal protection for land rights held by Indonesian citizens by preventing those rights from being treated as part of jointly owned marital property involving a foreign national. In the absence of an agreement on the separation of assets, the legal consequences may affect the status and legal protection of land rights held by the Indonesian spouse, particularly in view of the UUPA's restrictions on land ownership by foreign nationals. Accordingly, a marriage agreement provides legal certainty and functions as a preventive instrument to safeguard the land rights of Indonesian citizens while maintaining compliance with the principles and restrictions established under Indonesian agrarian law.