The Legal Consequences Regarding The Execution Of Joint Property Land Obtained Due Transnatiional Marriage In Indonesian Positive Law

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