- July 30, 2026
- Posted by: Hardy
- Categories: Dispute Resolution, Legal Insights
The legal status of a child born within a mixed marriage, in principle, covers only the right to inherit the property of their biological parents and does not include the property of their stepparents. These inheritance rights can only be determined after the division of joint property has been carried out in accordance with the Marriage Law. The determination must also take into account the provisions of the Civil Code regarding blood relations as the basis for inheritance, restrictions on land ownership rights for foreign nationals under the Land Law, and the principle of lex rei sitae, which stipulates that the status and transfer of land rights in Indonesia are subject to Indonesian law.
The legal status of children from a previous marriage in Indonesia is subject to strict limitations, particularly for Indonesian citizens, especially with regard to property acquired during their parents’ marriage. Therefore, a child born out of wedlock’s claim to property from their parents’ new marriage must be carefully examined. This is governed by Article 832 of the Civil Code, the Marriage Law, and the Compilation of Islamic Law.
In Judgment No. 280/Pdt.G/2021/PN Batam, the plaintiff claimed to be the heir of her mother, Emma Afnita (an Indonesian citizen), but not the biological child of Eddi Musgrove (a foreign national). This situation means the plaintiff has no inheritance relationship with her stepfather, and the marriage between Emma Afnita and Eddi Musgrove was a mixed marriage. Legally, the plaintiff is only entitled to her mother’s share of the inheritance, not to the entire estate, which also includes her stepfather’s share.
This highlights the importance of determining heirs in inheritance cases. The subject of the dispute in this case consists of seven parcels of land acquired during the marriage of Emma Afnita and Eddi Musgrove. Pursuant to Article 35 (1) of the Marriage Law, which essentially states that property acquired during marriage constitutes joint property.
From the perspective of the Basic Agrarian Law, Article 21 of the UUPA states that only Indonesian citizens are entitled to ownership rights to land; furthermore, if a foreign national holds ownership rights to land in Indonesia as a result of marital property, they are required to relinquish those ownership rights one year after the marriage takes effect.
Furthermore, under international private law, a mixed marriage has legal implications regarding the applicable law. The principles generally applied are Lex Nationalis (the law of nationality) and Lex Rei Sitae (the law of the place where the property is located). In the case of land, the principle of lex rei sitae applies; therefore, Indonesian law continues to govern the status and transfer of rights to such land. The provisions of the UUPA remain the primary basis for determining the validity of land ownership and inheritance in Indonesia. The plaintiff in this case was deemed to have erred by directly claiming the entire subject of the dispute as an inheritance without considering whether the land belonged to his mother or not. The panel of judges ruled that the lawsuit was premature because there had not yet been a division of joint property or a determination of heirs.
Thus, the protection of a child born out of wedlock’s status regarding inheritance rights to land in a mixed marriage is very limited and must be subject to both national legal provisions and the principles of international private law. A child born out of wedlock is only entitled to a share from their biological parent after the division of joint property has been carried out, because they have a legal relationship only with their mother.
Farra Mutiara Nabila / M. Faiz Ahyar
The information provided in this article does not, and is not intended to, constitute legal advice. Court decisions, legal interpretations, and factual circumstances differ in every case. Readers should contact a licensed attorney for counsel on any specific legal issue.