Separation Agreement Asset for Indonesian Citizens Married Abroad

Abstract

Legal protection in agreements on the separation of assets in marriage between Indonesian citizens and foreign citizens as well as analyzing the authority of a notary in making an agreement on the separation of assets in marriage between Indonesian citizens. and foreign nationals. This research uses empirical normative research. The approach method used is a statutory approach, conceptual approach and case approach. Based on the research results, it can be concluded that the making of a marriage contract can provide legal protection for the party who made it. The agreement deed made in the notary can be used as written evidence in court in case of problems at a later date. Based on Article 1868 of the Civil Code and notary authority in Article 15 of the notary office law, it is stated that notaries have the authority to make authentic deeds related to all agreements. Notaries must be able to provide legal certainty in people's lives because in the deed there is evidence that clearly determines a person's rights and obligations as a legal subject in society. Notary Deed as deed which has perfect evidentiary power makes the position of Notary Deed as the first and main evidence in civil evidentiary law.

A Legal Certainty of Dual Citizenship for Possession of Land

“…The UUPA is an implementation of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which is explained in the provisions of Article 1 paragraph (1) of the UUPA "to become a unitary homeland for all Indonesians who are united as the Indonesian nation." Paragraph (2) states that "all the earth, water, and space are not limited to the natural wealth contained therein as a gift from God Almighty is the wealth of the nation," and in paragraph (3) that "the relationship referred to in paragraph ( 2) is an eternal relationship (Respationo et al, 2022).…”

“…Kartini Muljadi and Gunawan Widjaja stated that "as is the basis for the right to control from the state, there are provisions regarding types of land rights, which can be granted and owned by individuals, both individually and in groups as well as legal entities as stipulated in Article 4 paragraph (1) of the UUPA. The rights to the land give authority to the person concerned to use it, as stated in Article 4, paragraph (2) of the UUPA". The various kinds of land rights referred to have been regulated in the provisions of Article 16 paragraph (1) of the UUPA, one of which is the Ownership Right to the land as referred to in Article 4 paragraph (1) (Hapsari et al, 2021).…”

“…The UUPA has also determined who has the right to obtain and have rights to the land, as stipulated in Article 9 paragraph (1) of the UUPA, which states that "only Indonesian citizens have the right to have full relations with the earth, water, and space as stipulated in Articles 1 and 2". In paragraph (2), "both men and women have the same opportunity to be able to have land rights" (Sudiarto, 2021). Thus, every Indonesian citizen (from now on referred to as WNI) has the same opportunity and position to be able to own and obtain a land right, as in the legal relationship between an individual and land, which has an eternal relationship and cannot be separated from any power, namely the form of of the principle of nationality contained in the UUPA.…”

“…With this recognition, children who hold dual citizenship (bipatride) can also have ownership rights to land as a form of the eternal relationship between land and the Indonesian people as stipulated in Article 1 paragraphs (1), (2), and (3) of the UUPA which cannot be separated with any power. However, the provisions of Article 21 paragraph (4) of the UUPA it does not provide that the eternal relationship remains, which means that dual citizenship (bipatride) owned by children from mixed marriages cannot have Ownership Rights on land for more than 1 (one) year as stipulated in Article 21 paragraph (3) of the UUPA.…”

“…However, the provisions of Article 21 paragraph (4) of the UUPA it does not provide that the eternal relationship remains, which means that dual citizenship (bipatride) owned by children from mixed marriages cannot have Ownership Rights on land for more than 1 (one) year as stipulated in Article 21 paragraph (3) of the UUPA. Even though those who have dual citizenship status (bipatride) are minors, it is not impossible to obtain land ownership rights from inheritance law events (Arwinilita et al, 2021).…”