MIXED MARRIAGE IN INDONESIA: JOINT PROPERTY AND FOREIGN LAND OWNERSHIP RESTRICTIONS
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Abstract
The purpose of this study is to examine joint properties in mixed marriages and restrictions on foreign land ownership, as laws pertaining to mixed marriages are frequently ambiguous and difficult to comprehend, including those regarding joint property. The majority of couples in mixed marriages don’t make an agreement regarding the division of assets, as is necessary under the Marriage Law. In the absence of a marriage contract, joint assets are mixed, which means that foreigners own fifty percent of the joint assets. The Land Law (UUPA) prohibits foreigners from possessing land rights other than usufruct and rental rights. This study shows that the land ownership status of Indonesian citizens is the same as that of foreign citizens if a couple in a mixed marriage does not reach an agreement regarding the division of assets. The Marriage Law requires the separation of assets in mixed marriages both at the time of agreement and at the time of consummation, and the institution of marriage can facilitate legal evasion and smuggling in order to acquire land rights in Indonesia.
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