Putri, Mia Novita
(2016)
Tinjauan yuridis terhadap PP No.103 Tahun 2015 terkait dengan kepemilikan properti WNA dalam perkawinan campur = Juridical review on Government Ordinance 103 2015 relating to foreign citizens property ownership in transnational marriage.
Bachelor thesis, Universitas Pelita Harapan.
Abstract
Indonesia as member of the Association of Southeast Asian Nations (ASEAN) have
entered a new era that envisions a single market and production base that integrates
into global economy by liberating movement of goods, services and investments
called the ASEAN Economic Community. Thus increase the inflow of foreign
workers and professionals to invest in Indonesia. The foreigners who do benefits, do
business, or investing in Indonesia requires house to stay while they are staying in
Indonesia. To support the increasing investment, Indonesian Government has issued a
Government Ordinance 103 of 2015 relating to Foreign citizens property ownership
that refers to the principle of horizontal separation that lies in the Agrarian Law Act
No.5 of 1960. Government regulations issued can develop the country's infrastructure
by expanding the market for new developers who can create jobs and boost the
national economy, as well as providing legal certainty for foreigners domiciled in
Indonesia who wish to work or invest in Indonesia. Many of those foreign workers
enter into a transnational marriage with Indonesian citizen. Transnational marriages
may lead problems concerning the assets or ownership of property, whether the
property owned before marriage or acquired during marriage. Normative legal
research will be use to explain the issue stated by implementing the statute approach
and conceptual approach in qualitative analytical behavior. Eventually, foreigners
who perform transnational marriages are allowed to have the right to use property by
making a separation agreement on treasure first.
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