Legal Implications of Mixed Marriages: Examining Marriage Agreements and Property Rights

Abstract

Purpose: The aim of this research includes an in-depth understanding of the legal framework for marriage in Indonesia, including the principles governing the rights and obligations of husband and wife, as well as the legal implications of marriage agreements. This research provides in-depth insight into the validity of marriage agreements in the context of land ownership rights in mixed marriages in Indonesia.   Theoretical framework: This theoretical framework summarizes the main aspects that need to be considered in research regarding the validity of marriage agreements and their impact on land rights in mixed marriages in Indonesia. It is hoped that the integration of these theories can provide a comprehensive and in-depth view of the issues relevant to this research.   Design/methodology/approach: This research method uses a legal approach research method. The research methods described include three main approaches, namely the Statute Approach, the Conceptual Approach, and the Case Study Method. The Legal Approach involves an in-depth study of the Laws and related legal regulations relating to the legal issues the author raises.   Findings: Juridical analysis reveals that the marriage agreement may be considered void due to non-fulfillment of the principle of good faith. This could lead to the annulment of the agreement, resulting in the land reverting to state ownership. The complexity arises from the state being potentially harmed as a third party. However, the analysis suggests that the agreement's objective conditions are not met, making it null and void, leading to the return of the land to state ownership.   Research, Practical & Social implications: The results of this research can provide guidance for law enforcement officials in handling cases related to the cancellation of marriage agreements carried out intentionally or fraudulently. The practical implications can also be seen in the influence on the process of making marriage agreements. The parties who will make a marriage agreement are expected to be more careful and comply with applicable legal provisions to avoid mistakes or violations.   Originality/value: Marriage agreements made during the marriage period, especially in mixed marriages, pose significant risks to the legality of land ownership. Despite attempts to bypass restrictions through backdated agreements, the presence of bad faith renders such agreements null and void under Article 1320 of the Civil Code. This loophole creates opportunities for individuals to deceive the State for personal gain. The case emphasizes the need for thorough legislative scrutiny to close such loopholes and prevent potential harm to third parties in the future.