Yati Nurhayati
Universitas Islam Kalimantan MAB Banjarmasin

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Journal : Lambung Mangkurat Law Journal

The Legal Consequences Regarding The Execution Of Joint Property Land Obtained Due Transnatiional Marriage In Indonesian Positive Law Nurhayati, Yati; Ifrani, Ifrani
Lambung Mangkurat Law Journal Vol 3, No 1 (2018): March
Publisher : Program Magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat bekerjasama den

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/lamlaj.v3i1.66

Abstract

The arising issues of transnational marriage in Indonesia, that is frequent is related to the land ownership of Indonesian Citizen (WNI). The research method that is used is a normative juridical approach which analyzed based on the jurisprudence. Based on Indonesian positive law, the citizen who in the transnational marriage without prenuptial agreement, the rights status of his/her land in the form of property acquired jointly be equalized to his/her partner is only the rights to use. The partition of land property acquired jointly when divorce occurs in a transnational marriage beyond the specified period time by the Indonesian Positive Law is not applicable based on article 21 paragraph (3) of  UUPA