HUMAS FH-USU: Wednesday - Friday (21 - 23/02/2024), the Regional Office of the Ministry of Law and Human Rights of North Sumatra (KANWIL KEMENKUMHAM SUMUT) held an activity "Dissemination of Citizenship and Nationality Services" at the Sibayak International Hotel, Berastagi. This activity was held in order to optimize Legal Administration Services in the regions.
Professor of the USU Faculty of Law, Prof. Dr. Rosnidar Sembiring, S.H., M.Hum became a speaker in the dissemination activity. In her presentation, Prof. Rosnidar explained the material about "Marriage Agreement and Property Ownership Status for Intermarried Families".
"There are several cases in Indonesia regarding marriages between Indonesian citizens and foreign citizens who stumble over problems regarding property in marriage (property ownership status)," said Prof. Rosnidar while explaining several examples of cases and related court decisions.
"Based on Article 35 of Law Number 1 Year 1974 concerning Marriage, the principle of joint property is applied to property obtained during the marriage bond as a result of marriage. This condition then raises problems for mixed marriage couples (mixed marriage families), because of the nationality principle stipulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations".
"The issue in question focuses on the status of ownership of property or assets in the form of immovable objects, which cannot be attached to property rights by foreigners, so that it can result in the loss of ownership rights to property for Indonesian citizens who enter into mixed marriages. So, a marriage agreement in which it can regulate the separation of assets between mixed marriage partners can be an access so that Indonesian citizens who enter into mixed marriages can still have property ownership status in Indonesia, "said Prof. Rosnidar.