Do Indonesian Citizens Who Conduct Cross-Country Mixed Marriages Still Have the Opportunity to Access Sharia Banks Financing with Mortgage Rights Collaterals?

DOI

10.2991/978-2-38476-208-8_14How to use a DOI?

Keywords

Cross-Country Mixed Marriage; Mortgage Rights; Notaries/Land Deed Officials (PPAT); Sharia Bank Financing

Abstract

In practice, Notaries and Land Deed Officials (PPAT) often refuse to issue a deed for cross-country mixed marriage couples who intend to apply for financing at Sharia banks or credit at conventional bank with mortgage right collaterals. The reason for this reluctance is that the providing Sharia financing or credit with mortgage right guarantees is risky because, if an Indonesian citizen marries a foreigner, then the ownership of the land must be relinquished or transferred to other Indonesian citizens within a period of one year since marriage. Meanwhile, the duration for Sharia financing is generally more than a year. This paper attempts to rediscuss the phenomenon in which Notaries/PPATs are reluctant to issue a deed that grants mortgage rights for cross-country mixed marriage couples with the main question being: Is there still an opportunity for cross- country mixed marriage couples to apply for Sharia financing with mortgage rights in Indonesia according to the law and regulations? The study is carried out through document study of the relevant law and regulations. The findings of this paper are expected to provide a new comprehensive understanding on when Indonesian citizens involved in mixed marriage are prohibited and when they can access Sharia financing through mortgage rights.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Hartini
AU  - Joesoef Shidqi Marsa Robiyantoko
AU  - Nur Yaumil Hikmah
AU  - Irfan Aziz Firdaus
PY  - 2024
DA  - 2024/02/17
TI  - Do Indonesian Citizens Who Conduct Cross-Country Mixed Marriages Still Have the Opportunity to Access Sharia Banks Financing with Mortgage Rights Collaterals?
BT  - Proceedings of the International Seminar on Border Region (INTSOB 2023)
PB  - Atlantis Press
SP  - 98
EP  - 103
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-208-8_14
DO  - 10.2991/978-2-38476-208-8_14
ID  - 2024
ER  -