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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Jurnal SUTASOMA
Manuaba, Ida Ayu Sintya Naraswari
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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OWNERSHIP OF LAND RIGHTS BY FOREIGNERS USING THE NAME OF INDONESIAN CITIZENS Manuaba, Ida Ayu Sintya Naraswari; Setyawati, Dr. Ni Komang Arini; Puspadma, Dr. I Nyoman Alit
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.611

Abstract

National land law prohibits land ownership by foreigners, in accordance with Article 9 of the Agrarian Law, which states that only Indonesian citizens can own property rights to land. Meanwhile, Article 26 Paragraph (2) of the Agrarian Law also prohibits the transmission of land ownership rights from Indonesian citizens to foreigners, either directly or indirectly. However, many foreigners control land through certain agreements made before a notary or PPAT. This research is intended to determine and evaluate the validity of land rights acquisition by foreigners and the legal consequences of such acquisition if certain agreements are used. The research method in this research uses a normative legal approach, which focuses on examining legal norms and analyzing library materials to examine the application of positive law. This research indicates that even though formally land ownership by foreigners can be considered legal, it violates Article 26 Paragraph (2) of the Agrarian Law because it is an indirect way to transmit property rights to foreigners. As a legal consequence, land ownership by foreigners through certain agreements is considered null and void, as evidenced in Gianyar District Court Decision Number 259/Pdt.G/2020/PN.Gin because it does not fulfill the objectual requirements under Article 1320 of the Civil Code.
PELAKSANAAN PERATURAN DAERAH TENTANG PENGELOLAAN RUMAH KOS DALAM MENDUKUNG PEMBANGUNAN DAERAH KABUPATEN BADUNG Manuaba, Ida Ayu Sintya Naraswari; I Gusti Agus Yuda Trisna Pramana
Jurnal SUTASOMA (Science Teknologi Sosial Humaniora) Vol 4 No 1 (2025): Desember 2025
Publisher : Universitas Tabanan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58878/sutasoma.v4i1.413

Abstract

The boarding house is one business that is growing in District Badung an option a temporary residence for migrants who intend to work and study. Everyone who owns a boarding house in the District Badung regency must have license this boarding house management to provide legal certainty, realizing the boarding house decent, safe and comfortable in accordance with its function, protect the interests of all parties, create peace and public order in society. The implementation of licensing through the Online Licensing Service (LAPERON) has not accommodated services for obtaining boarding house management license, so there is a need for certainty from the Regional Regulation District Badung Number 24 of 2013 concerning Boarding House Management regarding the obligation for managers to have a boarding house management license. Writing this using empirical legal research methods approach the facts and law approach with data collection interviews. The results obtained in this study show that the management's obligation to have a boarding house management license is not implemented based on the provisions stipulated in Regional Regulation Number 24 of 2013 concerning Boarding House Management, so that there are obstacles faced by law enforcers to control management permits boarding house.
Co-Authors I Gusti Agus Yuda Trisna Pramana Puspadma, Dr. I Nyoman Alit Setyawati, Dr. Ni Komang Arini