Legal Protection of Foreign-National Wives’ Inheritance Rights in Indonesian Mixed Marriages: Justice, Legal Certainty, and Agrarian Nationality 40 27

Abstrak

The legal protection of foreign-national wives’ inheritance rights in Indonesian mixed marriages raises fundamental questions concerning substantive justice, legal certainty, and agrarian nationality. This study examines the recognition and enforcement of inheritance entitlements under Indonesian positive law, particularly when inherited assets are subject to nationality-based land ownership restrictions. Normative juridical research employing statutory, conceptual, and case approaches provides the basis for analyzing relevant legal provisions and doctrines. The findings reveal that foreign-national wives may possess legitimate inheritance entitlements despite restrictions on retaining inherited land. Legal uncertainty, administrative complexities, and insufficient institutional coordination may nevertheless hinder the realization of their economic rights. Effective protection requires coherent legal interpretation, predictable administrative procedures, and enforceable mechanisms for safeguarding inheritance interests without compromising agrarian nationality. The study contributes to legal theory and socio-legal scholarship by distinguishing inheritance entitlement, ownership eligibility, and economic realization as interconnected dimensions of legal protection, demonstrating how justice and legal certainty can coexist with national land ownership restrictions.