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All Journal Jurnal Hukum Pelita
Joko Sriwidodo
Universitas Bhayangkara Jakarta Raya, DKI Jakarta
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematika Pengaturan Hak Pakai Atas Tanah Bagi Warga Negara Asing Dalam Hukum Pertanahan Indonesia Noh Chang Dong; Joko Sriwidodo; Ramlani Lina Sinaulan
JURNAL HUKUM PELITA Vol. 7 No. 1 (2026): Jurnal Hukum Pelita Mei 2026
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v7i1.7384

Abstract

Regulations regarding land rights for foreign citizens in Law Number 5 of 1960 concerning Agrarian Principles (UUPA) are contained in Article 42 which states that subjects entitled to use rights include foreign citizens residing in Indonesia. Based on the UUPA, property rights, business use rights and building use rights cannot be granted to foreign individuals or legal entities. However, foreign citizens and legal entities residing in Indonesia can obtain usage rights. The history of the regulation of use rights for foreigners in Indonesia is contained in several implementing regulations of the UUPA, including Government Regulation Number 41 of 1996 concerning Residential Ownership by Foreign Citizens and amended by Government Regulation Number 103 of 2015 regarding residential ownership by foreigners in Indonesia. Foreign residents in Indonesia need land to use as a place to live while in this country. The government seems to be making the rules simpler by issuing Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration. In Article 103 of Government Regulation Number 18 of 2021, it is stated that Government Regulation Number 41 of 1996 and Government Regulation Number 103 of 2015 have been revoked and are no longer valid. The function of land use rights for foreigners is not only for residence, but also as a means of investment
Co-Authors Noh Chang Dong Ramlani Lina Sinaulan