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All Journal Journal of Law and Legal Reform Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Mochamad Rizqi Zia Ul’haq
Faculty of Law, Universitas Negeri Semarang, Semarang, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Urgency of Registering Land Lease Agreements for Foreign Nationals Michelle Tiffani Dea Nugroho; Mochamad Rizqi Zia Ul’haq; Dewi Sulistianingsih; Pujiono Pujiono
Journal of Law and Legal Reform Vol. 7 No. 3 (2026): July, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i4.59347

Abstract

The increasing use of long-term land lease agreements by foreign nationals in Indonesia has raised significant legal concerns regarding the effectiveness of the nationality principle under the Basic Agrarian Law. Although lease agreements constitute valid contractual relationships under the Indonesian Civil Code, the interaction between private law, agrarian law, investment law, and land administration regulations has created legal gaps and regulatory disharmony that enable foreign nationals to obtain de facto long-term control over land without formally acquiring ownership rights. This study aims to analyse these normative inconsistencies, examine how lease agreements may function as instruments of legal smuggling (fraus legis), and formulate an appropriate regulatory reform model. Employing a normative juridical method based on statutory, conceptual, comparative, and case approaches, this study analyses Indonesian legislation, compares regulatory frameworks in Singapore, Malaysia, and Thailand, and examines the PARQ Ubud case as evidence of the practical consequences of regulatory fragmentation. The findings demonstrate that the principal weakness of the current legal framework lies not in the legality of lease agreements themselves, but in the absence of mandatory registration, limitations on lease duration, and effective administrative supervision. This study contributes to Indonesian agrarian law by reconceptualising legal smuggling beyond traditional nominee arrangements, identifying legal gaps and regulatory disharmony across multiple legal instruments, and proposing a regulatory reform roadmap centred on the mandatory registration of land lease agreements involving foreign nationals to strengthen legal certainty, administrative oversight, and sustainable land governance.
Legal Framework for Maritime Museum Development in Coastal Areas: Evidence from Semarang, Indonesia Mochamad Rizqi Zia Ul’haq; Michelle Tiffani DN; R. Benny Riyanto; Suhadi Suhadi
Pandecta Research Law Journal Vol. 21 No. 2 (2026): December, 2026 (In Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i2.59555

Abstract

The initiation of establishing a cultural infrastructure in the form of a Maritime Museum by the Semarang City Government manifests a strategic step in optimizing coastal geographic characteristics as an epicenter of maritime education, integrated tourism, and preservation of collective maritime memory. However, this ambitious project with an estimated building site area of ​​five hectares in the northern coastal region faces overlapping spatial regulations, uncertainty of land tenure status, and vulnerability of coastal ecosystem degradation. This study comprehensively analyzes the legal feasibility of land tenure, spatial planning, and environmental management across three alternative locations (Pearl of Java City, Polder Banger, and Tambachlorok). Utilizing a normative-juridical approach, this study evaluates the dynamics of foundational licensing post-implementation of the job creation regulations, which shifts the paradigm from traditional administrative permits to risk-based approvals. The comparative analysis recommends Pearl of Java City as the primary priority for construction based on spatial conformity parameters, subject to the mandatory completion of land rights transfer of reclaimed land as a municipal asset (Regional Property). This study concludes that the acquisition of hierarchically structured legal instruments ranging from land rights procurement, marine and terrestrial spatial conformity, to national institutional registration is an absolute prerequisite to ensure the sustainability of public investment, mitigation of administrative litigation risks, and ecological protection of the Semarang City coast.
Co-Authors Dewi Sulistianingsih Michelle Tiffani Dea Nugroho Michelle Tiffani DN Pujiono Pujiono R. Benny Riyanto Suhadi Suhadi