Konsekuensi Hukum Perjanjian Kawin Pasca Perkawinan Campur Terhadap Kepemilikan Tanah: Dinamika Hukum Kewarganegaraan dan Hukum Benda

Abstrak

The objective of this research is to conduct an analytical study on the legal consequences of mixed marriages concerning citizenship and land ownership rights, particularly in relation to prenuptial agreements entered into after such mixed marriages are performed. This research is a normative legal study that aims to discuss legal issues related to mixed marriage events concerning citizenship and property law, specifically land ownership in Indonesia. The legal issues addressed in this study revolve around conflicts between the constitutional protection of human rights in Indonesia and the regulations concerning citizenship and agrarian law. The research findings indicate that mixed marriages have implications for the citizenship and property rights of Indonesian citizens, who may lose Indonesian citizenship and undergo joint property ownership with non-Indonesian partners. Furthermore, marital agreements are valid if they do not contradict the law, are made in the form of a notarial deed, and can be made at any time during the marriage. If a sale and purchase transaction occurs after the transfer of land ownership, then Indonesian and non-Indonesian spouses are required to make a separate property agreement so that the Indonesian spouse can enjoy ownership rights. This agreement is only valid if made within one year of the acquisition. The role of legal counseling by a notary is necessary in this regard.