Open AccessMechanism for collective property sharing in mixed marriage
Author(s) -
Siti Alfisyahrin Lasori
Publication year - 2020
Publication title -
jurnal hukum volkgeist
Language(s) - English
Resource type - Journals
eISSN - 2621-6159
pISSN - 2528-360X
DOI - 10.35326/volkgeist.v5i1.896
Subject(s) - legal certainty , statutory law , legislation , indonesian , normative , legal research , certainty , law and economics , property (philosophy) , property rights , real property , wife , law , business , mechanism (biology) , land tenure , political science , sociology , geography , linguistics , philosophy , archaeology , epistemology , agriculture
This research discusses the mechanism of sharing joint assets for mixed marriage partners. The results of the study illustrate the applicable provisions with the facts that occur in the community regarding land ownership for Indonesian husbands or wives in mixed marriages. The research method used in this research is normative research method. The statutory approach and the conceptual approach The statutory approach is an approach using legislation and regulations. And the conceptual approach is to refer to legal principles. These principles can be found in scholarly views or legal doctrines . This study aims to analyze the mechanism for sharing joint assets in marriage, is based on the prevailing laws and regulations and provides legal certainty for the husband or wife of Indonesian citizens regarding the status of land ownership in joint assets for mixed marriages. Based on the results of the research, a conclusion is obtained that land ownership for Indonesian citizens due to mixed marriages without being equated with land rights for their foreign partners, which is only limited to use rights. Legal certainty for current Indonesian citizens to be entitled to land with ownership rights.