The Conflict between the Principles of Lex Patriae and Lex Rei Sitae in the Ownership of Marital Property Without a Marital Agreement

Abstrak

This study discusses the protection of the rights of Indonesian citizen (WNI) wives over marital property in mixed marriages. The research problems addressed in this study are how the principles of Lex Patriae, Lex Rei Sitae, and Locus Regit Actum apply to marital property in mixed marriages, and what forms of legal protection are available for Indonesian wives regarding marital property in the event of a dispute. The research method employed is normative legal research, focusing on examining and analyzing secondary data consisting of primary, secondary, and tertiary legal materials, while utilizing literature reviews and document studies as data collection techniques. The results indicate that in a mixed marriage without a marital agreement separating property in Indonesia, the provisions regarding marital property stipulated in the Marriage Law shall apply. Furthermore, under Indonesian law, immovable property—in this case, land and buildings—is regulated by Indonesian legal regulations, specifically the Law on Basic Regulations on Agrarian Principles (UUPA). Legal protection for the rights of Indonesian wives over marital property can be provided in two ways: legal protection through the formulation of a marital agreement before or during the marriage, and legal protection through court channels if a dispute arises after a divorce. Consequently, Indonesian wives can still obtain protection over marital property acquired during a mixed marriage, even in the absence of a prior marital agreement, through judicial processes under Indonesian law.