Marriage Agreement for Indonesian Citizens Involved in Mixed Marriages

Abstract

Before the decision of the Constitutional Court of the Republic of Indonesia that led to the amendment of Article 29 paragraphs 1, 3 and 4 of Act No. 1 of 1974 on Marriage, Indonesian citizens involved in mixed marriages who did not enter into a marriage agreement regarding the separation of properties experienced difficulty in obtaining land ownership right. This is due to the Agrarian Law which stipulates that only Indonesian citizens can have ownership rights to land. Also, the agreement can only be done before or at the time the marriage is held. However, the decision of the Constitutional Court opens up the possibility of marriage agreements during the married life of the couple. Finally, with respect to Indonesian citizens who are married to foreigners, the marriage agreement is a welcome solution that will enable them get their rights back as applies to other Indonesian citizens. Despite the changes to the provisions in several articles of the Marriage Law, some problems still exist, such as the problem related to the inheritance rights of children of mixed marriages, who have dual nationality before the age of 18 years. Finally, it is hoped that the changes in the contents of the article will not change the nature of a household regarding the purpose of happiness based on the One Supreme God.