Kekuatan Hukum Pembuktian Perjanjian Pemisahan Harta Yang Dibuat Setelah Perkawinan Campuran Guna Mempertahankan Hak Milik Atas Properti

Abstract

This research aims to find out about law evidence of marriage agreements with segregation of assets who made ​​after a mixed marriage in order to obtain the title of property as well as the status of property rights on property acquired after the execution of mixed marriage were confirmed in the marriage covenant. The method in this research used normative juridical, using legislation approachand case approach from Court Decision. The enactment of Government Regulation No. 103 of 2015 concerning Home Ownership or Housing for Foreigners who domiciled in Indonesia is expected to provide legal certainty about equality for the perpetrators of a mixed marriage in terms of property rights over land , namely its obligation to prove the separation of joint property through property separation agreement, but in fact the burden of proof segregation of assets pose problems for the perpetrators of mixed marriages who have already married without marriage agreement before marriage. In order to make a marriage agreement after a mixed marriage took place in order to maintain the status of property rights to land is the determination of how to apply to the Court, as well as on the Tangerang District Court Decision No. 269/Pen.Pdt.P/2015/PN.TNG