STATUS HUKUM KEPEMILIKAN HAK MILIK ATAS TANAH WARGA NEGARA INDONESIA YANG MENIKAH DENGAN WARGA NEGARA ASING YANG MELAKUKAN PEMISAHAN HARTA DENGAN PENETAPAN PENGADILAN (STUDI PENETAPAN NOMOR 141/Pdt.P/2015/PN.Bgr)

Dewi, Winda Kusuma (2017) STATUS HUKUM KEPEMILIKAN HAK MILIK ATAS TANAH WARGA NEGARA INDONESIA YANG MENIKAH DENGAN WARGA NEGARA ASING YANG MELAKUKAN PEMISAHAN HARTA DENGAN PENETAPAN PENGADILAN (STUDI PENETAPAN NOMOR 141/Pdt.P/2015/PN.Bgr). Masters thesis, Universitas Sebelas Maret.

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    Abstract

    Winda Kusuma Dewi, S351508042, LEGAL STATUS OF LAND OWNERSHIP RIGHTS OF INDONESIAN CITIZENS WITH FOREIGN NATIONALS SPOUSE WITH MARITAL AGREEMENT OF PROPERTY SEPARATION WITH DETERMINATION (STUDY OF REGULATION NUMBER 141/Pdt.P/2015/PN.Bgr), 2017, Public Notary Studies, Faculty of Law, Universitas Sebelas Maret Objectives of this research are to find out answers to the research problems concerning the legal status of land ownership rights of Indonesian citizens who are married to foreign nationals without a marriage agreement according to Regulation Number 141/Pdt.P/2015/PN.Bgr, and the regulation of land ownership rights of Indonesian citizens who are married to foreign nationals without a marriage agreement in order to fulfill a sense of justice for Indonesian citizens. This research is a prescriptive, legal juridical, normative research using methods of law and conceptual approaches. Law and legal materials included in this research are primary, secondary, and tertiary law and legal materials. This research uses literature study as law and legal materials collecting technique. To analyze the law and legal materials this research uses syllogism and interpretation based on deductive thinking pattern. Based on the research result and discussion, it is concluded that the legal status of land ownership rights obtained by Indonesian citizens who are married to foreign nationals without a marriage agreement based on the Regulation Number 141 / Pdt.P / 2015 / PN.Bgr at the time the land was purchased was canceled before the law and the status of the land became State Land. As in accordance with Article 26 paragraph (2) of the LoGA, the purchase of land carried out causes indirect transfer of the land ownership rights to foreign nationals even though the Certificate of Ownership is written on behalf of the wife (Petitioner I) who is an Indonesian citizen. In order to fulfill a sense of justice for Indonesian citizens, the land ownership rights of Indonesian citizens who are married to foreign nationals without a marriage agreement is regulated by making further arrangements. The rights status on the land of property acquired during marriage, due to the sale and purchase, will be land usage rights on conditions that the Indonesian citizens do not lose their nationality, foreign spouses domiciled in Indonesia and their presence may benefit the development of Indonesia. Keywords: land ownership rights, separation of property, mixed marriage.

    Item Type: Thesis (Masters)
    Subjects: K Law > K Law (General)
    Divisions: Pascasarjana > Magister > Magister Kenotariatan
    Depositing User: Zahrotun Hanifah
    Date Deposited: 29 Dec 2017 06:58
    Last Modified: 29 Dec 2017 06:58
    URI: https://eprints.uns.ac.id/id/eprint/38417

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