IMPLIKASI HUKUM PEMBATALAN PERJANJIAN PRANIKAH DALAM PERKAWINAN CAMPURAN

• Main Author: Nabilah Qisthi Mulia, (Author)
• Format: Book
• Published: Gorontalo Law Review, 2021-04.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/10558/2/1710611011_ArtikelKl.pdf
• Keywords: K Law (General)

One of the purposes of making a prenuptial agreement in mixed marriages is to protect the rights of Indonesian citizens (WNI) to ownership of flat units on land with ownership rights. However, when the prenuptial agreement is canceled by the court, it will have legal implications that can harm Indonesian citizens for their property acquired during the marriage. The author raises the problem formulation about how the implications of cancellation of prenuptial agreements in mixed marriages and arrangement of apartment ownership on land with the status of ownership rights obtained during the marriage when the prenuptial agreement is canceled. This writing uses a normative juridical method which is carried out using literature study and using the statutory approach. The results of this study indicate that the implication of cancellation of a prenuptial agreement in mixed marriages will result in assets acquired during the marriage becoming joint assets which can result in the loss of ownership rights to apartment units on freehold land. In the land regulation, if a prenuptial agreement isn't made in a mixed marriage, the Indonesian citizen may lose his right to an apartment unit on land with ownership rights. With the cancellation of the prenuptial agreement by the court, it is necessary to stipulate a provision that can provide legal protection for Indonesian citizens of the ownership of flat units on land with ownership rights.