PENERAPAN KETENTUAN PASAL 21 AYAT (3) UUPA TENTANG KEPEMILIKAN TANAH BAGI WNI DALAM PERKAWINAN CAMPURAN

Abstract

Indonesian citizen, who marry foreign citizen, could not hold ownership right to land in Indonesia unless he or she has pre-marriage agreement. The pre-marriage agreement would free the Indonesian citizen, who marry foreign citizen, from the provision of article 21 subsection 3 of the Agrarian Law. However, the fact show that many Indonesian citizens, who marry foreign citizens, owing to ignorance hold right ownership to land although they do not have pre-marriage agreement. This research is aimed at analysing the implementation of article 20 subsection 3 of Agrarian Law. This research is also conducted to provide thought for society, institution concerned and students for knowledge development. Method used in this research is normative-empirical legal method with law, conceptual and sociological approach. Result of this research shows that implementation of article 21 subsection 3 of the Agrarian Law, which state that Indonesian citizen who marry foreign citizen shall waive his or her ownership right during the period of one year, in fact is not put into practice effectively. Keyword: implementation of the provision of article 21 subsection 3 of the Agrarian Law