Dias Prima Laurenza, . (2024) RELEVANCE OF THE PRINCIPLE OF BALANCE OF THE DIVISION OF RIGHTS BETWEEN HUSBAND AND WIFE ACCORDING TO THE COMPARISON OF THE AGRARIAN LAW AND THE MARRIAGE LAW (CASE STUDY OF DECISION NUMBER 69/PUU-XIII/2015). Syiah Kuala Law Journal, 8 (3). pp. 259-270. ISSN 2580-9059
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Abstract
This research examines the relevance of the principle of balance in the division of rights between husband and wife in the context of mixed marriages in Indonesia, with a focus on the comparison between the Agrarian Law and the Marriage Law. Although Law No. 1 of 1974 on Marriage provides a clear legal foundation, its implementation is often hindered by cultural differences and evolving social values. Property ownership issues become particularly relevant in mixed marriage cases, highlighting the need for legal reform to protect individuals' constitutional rights. The Constitutional Court Decision No. 69/PUU-XIII/2015 illustrates the injustice experienced by individuals married to foreign nationals without a prenuptial agreement, where existing legal provisions may disadvantage women. This study emphasizes the importance of fair legal enforcement and a deeper understanding of rights and obligations in marriage to achieve balance and justice for all parties involved.
| Item Type: | Article |
|---|---|
| Additional Information: | [No.Panggil: 2110611333] [Pembimbing: Citraresmi Widoretno Putri] [Penguji 1: Dwi Desi Yayi Tarina] [Penguji 2: Atik Winanti] |
| Uncontrolled Keywords: | Balance in the Division of Rights, Mixed Marriage, Legal Reform. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | DIAS PRIMA LAURENZA |
| Date Deposited: | 29 Jan 2025 11:19 |
| Last Modified: | 20 Feb 2025 06:43 |
| URI: | http://repository.upnvj.ac.id/id/eprint/35553 |
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