Implications of Mixed Marriages and Marriage Agreements

Abstrak

This paper discusses mixed marriages, this kind of thing is practiced by couples of different nationalities and one of them is an Indonesian citizen (WNI), both male and female. Mixed marriages actually have serious implications in practice, such as the citizenship of the children, joint assets, and distribution of inheritance if one of the partners dies. Marriage agreements have an important role in mixed marriages such as protecting and maintaining the rights of Indonesian Citizens and Foreign Citizens (WNA) who carry out mixed marriages. The research method in this paper uses library research while the conclusions in this writing use a juridical-normative approach, with the aim of uncovering the true values in the practice of mixed marriages in society so that they should be actualized in the future. The findings in this study; First, children will have dual citizenship until they are even 18 years old. Second, there is a pooling of assets between foreigners and Indonesian citizens, a foreigner is prohibited from owning Indonesian land. Third, the heirs/third parties do not understand the division of inheritance because of the pooling of assets. The marriage agreement for Muslim couples is based on the Letter of the Director General of Islamic Community Guidance of the Ministry of Religion Number: B. 2674/DJ.III/KW.00/9/2017 that the marriage agreement can be made before, during, and during the marriage which is ratified by notarial deed and can be recorded by the Marriage Registrar (PPN).