ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 69/PUU-XIII/2015

Abstract

Mixed marriages are marriages between two people who are subject to different legal provisions, one is an Indonesian nationality and one is a foreign national. The author uses a type of normative research with a case approach. Therefore the authors collect court decisions related to legal issues faced, namely the decision Mahkamah Konstitusi Number 69/PUU-XIII/2015. Then the authors also do a search on the library to collect books and legislation related to the title of the research raised. The focus of the author’s research is the issues of how the legal status of ownership of land rights to an Indonesian citizen wife who is married to a foreign national husband and how the judges’ legal considerations Mahkamah Konstitusi in the verdict Number 69/PUU-XIII/2015. From the research result it is known that only Indonesian citizens can have land rights, which has a relationship with the earth, water, and space and Indonesia’s natural wealth, without distinguishing between men and women. Whereas foreign nationals can have land rights only as far as use rights, another right is the right to lease a building. This rationale is to prevent foreign ownership of land which can threaten and undermine the sovereignty of the people. Then regarding the marriage agreement, the phrase “at the timer or before the marriage took place” in article 29 paragraph (1) and the phrase “during the marriage takes place” in article 29 paragraph (4) Undang-Undang Number 1 of 1974 is contrary to Undang-Undang Dasar Negara Republik Indonesia in 1945 conditionally as long as it is not interpreted including during marriage, and does not have binding legal force.

Keywords: Juridical Analysis, Constitutional Court Decision, Mixed Marriage