Kesepakatan Dalam Perjanjian Perkawinan Pada Perkawinan Internasional Dan Akibat Hukumnya Terhadap Harta Bersama Berupa Kepemilikan Hak Atas Tanah
Marriage, including a mixed marriage, results in the emergence of a marital wealth. The nationality of the foreign party interferes with the principle of nationality within Article 26 paragraph (2) UUPA, where a right of ownership that is entering their marital wealth via a transfer of right of o...
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| Main Author: | |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Language: | English English English English English English English English English |
| Published: |
2020
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| Subjects: | |
| Online Access: | http://repository.unair.ac.id/105553/4/1.%20HALAMAN%20JUDUL.pdf http://repository.unair.ac.id/105553/2/2.%20ABSTRACT.pdf http://repository.unair.ac.id/105553/1/3.%20DAFTAR%20ISI.pdf http://repository.unair.ac.id/105553/3/4.%20PENDAHULUAN.pdf http://repository.unair.ac.id/105553/6/5.%20BAB%20II%20.pdf http://repository.unair.ac.id/105553/8/6.%20BAB%20III%20.pdf http://repository.unair.ac.id/105553/5/7.%20BAB%20IV%20.pdf http://repository.unair.ac.id/105553/7/8.%20DAFTAR%20BACAAN.pdf http://repository.unair.ac.id/105553/9/TMK.41-21-kesediaan%20-%20Hendrik%20Lie.pdf http://repository.unair.ac.id/105553/ http://lib.unair.ac.id |
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| Institution: | Universitas Airlangga |
| Language: | English English English English English English English English English |
| Summary: | Marriage, including a mixed marriage, results in the emergence of a marital
wealth. The nationality of the foreign party interferes with the principle of
nationality within Article 26 paragraph (2) UUPA, where a right of ownership that
is entering their marital wealth via a transfer of right of ownership, will be null and
void because of the foreign party’s citizenship, while there are no such provisions
for their Indonesian spouse. One of the solutions is the creation of a nuptial
agreement that circumvents Article 35 paragraph (1) Marriage Law. However, a
nuptial agreement requires an agreement between both parties in a marriage, that
without it, the issue persists. That raises two legal issues: the nature of agreement
in a nuptial agreement regarding to the marital wealth in a mixed marriage, and
legal consequences of the absence of agreement in a nuptial agreement of a mixed
marriage on their shared wealth toward their right of ownership. This paper utilizes
statute approach to identify relevant legal norms, followed by conceptual approach
to discover, trace, and curate opinions, doctrines, and concepts of experts in the
field of jurisprudence from various literatures as a supporting foundation of this
discussion and writing. The principle of no marital wealth in a marriage between
an Indonesian citizen and a foreign citizen is conceived to resolve said issue.
Accordingly, a change to the Marriage Law should be made in the form of a
provision that voids Article 35 paragraph (1) Marriage Law in a mixed marriage. |
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