HAK MILIK OWNERSHIP RIGHTS FOR MIXED COUPLES (Jakarta)
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HI ALL: MY DISCUSSION GROUP HAS A BET OUTSTANDING..... THE QUESTION IS:
CAN A MIXED COUPLE (INDO AND FOREIGNER) LEGALLY OWN LAND AND HOME UNDER FULL HAK MILIK RIGHTS.
PART OF OUR GROUP SAYS NO. BECAUSE ONCE THE INDONESIAN SPOUSE IS MARRIED TO A FOREIGNER, EVEN UNDER INDO LAW BUT ESPECIALLY UNDER FOREIGN LAW (THAT OF THE SPOUSE).. THEN THE INDO SPOUSES LOSES ALL HAK MILIK RIGHTS..... TRUE OR FALSE?
THE OTHER PART SAYS...... YES A MIXED COUPLE CAN OWN HAK MILIK IF THERE WAS A PRENUP SIGNED STATING SEPARATION OF PROPERTY. IN WHICH CASE THE INDO SPOUSE WOULD BE SOLE OWNER OF THE LAND UNDER HAK MILIK AND THE FOREIGN SPOUSE COULD DRAFT A HGB OR HAK PAKAI FOR Protected content
WHATS THE CONSENSUS???? THANKS ALL