Legal Status Of Joint Land Ownership Rights In International Mixed Marriage Regimes

Abstract

This research aims to analyze the legal status of land ownership rights acquired during international mixed marriages as joint property and to formulate a resolution for the normative conflict between the marriage regime and the principle of nationality. This study employs a normative legal research method with statutory, conceptual, and case approaches, utilizing legal materials collected through library research. The results indicate that land ownership rights in mixed marriages remain strictly subject to the nationality principle under the Basic Agrarian Law (UUPA); thus, while civil law may consider it joint property, the involvement of a foreign spouse cannot be recognized in land ownership rights. The study concludes that the normative conflict is resolved through the principle of lex specialis derogat legi generali, positioning the UUPA as a specific law that overrides general marriage provisions. To ensure legal certainty, it is essential to implement preventive protection through prenuptial agreements and repressive protection through rights relinquishment mechanisms.