TINJAUAN YURIDIS PEMBAGIAN HARTA BERSAMA PADA PERKAWINAN CAMPURAN DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Abstract

Marriage of different nationalities or often said to be a mixed marriage is a phenomenon in Indonesia. There are several organizations in Indonesia whose members are spouses of different nationalities. The distribution of property is the most important thing in carrying out mixed marriages, as an effort to avoid loss of property rights as a result of mixed marriages. 1974 concerning Marriage, the purpose of this research is to find out the legal arrangements regarding mixed marriages, to find out the arrangements for joint assets in mixed marriages, and the legal consequences for the distribution of assets in mixed marriages. The research method that the author uses is normative juridical research whose research is based on primary and secondary data, where primary data is sourced from legislation, which in this study is sourced from the Civil Code, Marriage Law, and Compilation of Islamic Law, while secondary data is based on in books, articles and journals related to research on the juridical review of the division of mixed marriage assets before and after marriage in terms of positive law in Indonesia. The results of this study indicate that legal arrangements regarding mixed marriages can be seen in Staatblad 1898 number 158, Law No. 1 of 1974 concerning Marriage and International Private Law, Joint assets in mixed marriages are assets acquired or produced by husband and wife after the marriage. If an Indonesian citizen woman marries a foreign national, there will be a mixture of assets, so that the provisions of Article 21 paragraph (3) of the Basic Agrarian Law apply, namely the obligation to relinquish her rights, namely land to Indonesian citizens within 1 (one) year. The legal consequences of the distribution of assets in mixed marriages involving Indonesian citizens are actually very difficult to determine because they involve two different national laws, so that if a divorce occurs without making a marriage agreement, the distribution of assets returns to the respective national laws.

Keywords: Mixed Marriage, Citizenship, Joint Property