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All Journal Pembaharuan Hukum WAJAH HUKUM Unes Law Review Al-Adalah: Jurnal Hukum dan Politik Islam Batulis Civil Law Review PAMALI: Pattimura Magister Law Review Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Law and Justice SASI
Akib, Ma'ruf
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Control without Ownership: Nominee Agreements and the Restriction of Freehold Land Rights for Foreign Nationals in Indonesia Paroto, Farida; Akib, Ma'ruf; Hamzah , Ismi Fadjriah
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i2.11399

Abstract

This article examines the legal status, doctrinal coherence, and regulatory implications of nominee agreements used to facilitate foreign control over freehold land in Indonesia. Although Indonesian agrarian law formally prohibits foreign ownership of freehold title, nominee arrangements continue to operate through private contractual mechanisms that separate formal ownership from effective control. Using normative legal research grounded in statutory, conceptual, and analytical approaches, this study analyzes the interaction between agrarian law, civil law doctrine, and regulatory policy. The findings demonstrate that nominee agreements occupy a structurally ambiguous position: while formally inconsistent with the prohibition regime and the social function principle of land, their persistence reflects deeper tensions between title-based formalism and the absence of a transparent beneficial ownership framework. The article argues that the endurance of nominee practices is not solely a consequence of weak enforcement, but of regulatory design limitations that fail to address sophisticated forms of legal circumvention. It concludes that reconstructing the regulatory approach, from an absolute prohibition model toward a transparency- and accountability-based framework, offers a more coherent strategy to reconcile agrarian sovereignty, legal certainty, and foreign investment dynamics. This reconstruction strengthens doctrinal integrity while enhancing regulatory effectiveness within Indonesia’s contemporary land law system.
Negotiated Legal Pluralism: Institutional Formalization and the Resilience of Tolaki Customary Dispute Resolution Akib, Ma'ruf; Umar, Wahyudi; Asis, Patta Hindi; Lalangi, Wa Ode Amatyi Rachima
SASI Volume 32 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i1.3523

Abstract

Introduction: The Customary Dispute Resolution Mechanism (CDRM) of the Tolaki people in Southeast Sulawesi faces faces structural pressures arising from state legal expansion, jurisdictional overlap with formal courts, and the gradual reconfiguration of customary authority within Indonesia’s plural legal order. Historically, the Tolaki customary law system has played a central role in maintaining social harmony and resolving internal conflicts. However, the penetration of national law, globalization, and rapid socio-economic structural changes have placed Tolaki CDRM at a crossroads of adaptation.Purposes of the Research: This study aims to analyze the transformation patterns of Tolaki CDRM and to measure its resilience as an alternative dispute resolution mechanism amid the dominance of the national legal system.Methods of the Research: This qualitative research employs a socio-legal approach, combining normative analysis of Tolaki customary norms with empirical data from in-depth interviews with customary leaders (Pu'utobu, Mosoro), disputing parties, and judicial apparatus. Data was collected through document studies and field research in several Tolaki regions in Southeast Sulawesi.Results of the Research: (1) Tolaki CDRM has undergone significant institutional transformation through formalization under local regulations, (2) Procedural adaptations include standardized mediation and documentation systems such as structured mediation stages, written settlement documentation, and administrative reporting mechanisms; (3) CDRM demonstrates high resilience, sustained by the philosophical foundation of Kalo Sara and dual legitimacy—traditional community-based legitimacy and administrative state recognition. CDRM operates in active co-existence with the national legal system, often functioning as a pre-litigation mechanism. The restorative justice approach of CDRM, emphasizing social relationship recovery (Loleka), proves more effective than retributive formal justice in maintaining long-term kinship harmony.
Co-Authors A, Annisa Alfurqon, Fe Fikran Asis, Patta Hindi Damayanti, Rima Fitrilia Puspita Dewi Santika, Lasmi Dg. Takenang, Jusman Firnawati Gilang Ramadhan, Purnama Ichlas, Rudy Iskandar Ismi Fadjriah Hamzah Lalangi, Wa Ode Amatyi Rachima Paroto, Farida Rahmat, Rifki Rais, Noval Sudirman Sudirman Wahyudi Umar