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Parlaungan Gabriel Siahaan; Ramona Febiola Simorangkir; Adelia Br Aritonang; Grace Claudia Valerina Saragih; Joya Urmila Lubis +2 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to examine the legal protection of property brought into marriage that is mixed with joint property as a result of joint management in a marriage. In many cases, this mixing causes unclear legal status of the assets, especially during divorce or inheritance division. This study uses empirical normative legal methods with a qualitative descriptive approach. The data obtained were analyzed using data reduction, data presentation, and conclusion drawing techniques. This study shows that legal regulations in Indonesia related to the protection of property brought into marriage that is mixed with joint property due to joint management in marriage, and highlights the inconsistency of court decisions in such disputes and their impact on household economic stability. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law have distinguished between property brought into marriage and joint property, practice in the field shows that mixing of property due to joint management often causes conflict during divorce. Inconsistency in court decisions arises due to the unclear norms in Article 37 of the Marriage Law which provide room for different interpretations by judges. This has an impact on legal uncertainty and potential injustice, especially for parties who are socially or economically weaker. Mixed property disputes also affect household economic stability, exacerbate social inequality, and cause psychological burdens for family members, including children. This study recommends the need for more detailed regulatory updates, the issuance of technical guidelines by the Supreme Court to unify decision standards, and increased legal education for the community to prevent conflicts through marriage agreements.

Samuel Siahaan; Al Fatih Muhammad Azlan; Grace Shalomitha Lova Sibarani; Lolyta Shalin Sihombing; Tara Yohana Panjaitan +3 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Customary land is an integral part of the identity and survival of customary law communities, including in the Kampar region, Riau Province. However, along with increasing investment and development, there have been various forms of takeover of customary land rights that have triggered disputes between customary communities and third parties, such as private companies and the government. This study aims to analyze the mechanism for resolving disputes over the takeover of customary land rights in the Kampar region using customary law and national law approaches. The method used is a combination of normative and empirical juridical, data obtained through legal document studies, interviews with authorized local customary leaders. The results of the study show that customary communities in Kampar still rely on customary resolution mechanisms. Meanwhile, in resolving litigation, they often experience administrative and economic obstacles, while non-litigation channels such as multistakeholder mediation and administrative recognition by the local government are more effective if supported by policies that support them. In conclusion, synergy between customary law and national law is absolutely necessary to create fair protection for the rights of indigenous peoples, and it is hoped that there will be strengthening of customary institutions, acceleration of recognition of customary areas through regional regulations, and preparation of integrated mechanisms for resolving disputes based on local culture and national legal certainty.