Legal Certainty Due to Marriage Agreement in Mixed Marriage

Abstract

This article discusses legal certainty for mixed marriages in Indonesia, which often face various legal issues, especially regarding property. Mixed marriages, defined as marriages between two people of different nationalities, create unique legal challenges due to the collision of different legal systems. The main problem examined is how to achieve legal certainty for assets acquired during mixed marriages, particularly concerning shared property and inheritance rights. The research method used is normative legal research with a statutory and conceptual approach. The study found that despite Law no. 1 of 1974 concerning Marriage, which does not explicitly regulate mixed marriages, these marriages are still recognized by Indonesian law. However, concerning property, Law no. 1 of 1974 and the Constitutional Court Decision no. 69/PUU-XIII/2015 provide a solution through the marriage agreement. This agreement can regulate property separation, ensuring legal certainty and protecting the rights of each party to the marriage. Therefore, a marriage agreement is crucial for mixed marriages to create a clear legal framework regarding property, preventing future disputes and providing comprehensive legal protection.