Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Syiar Hukum: Jurnal Ilmu Hukum Al-Adalah: Jurnal Hukum dan Politik Islam
Khairunnisa Khairunnisa
Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Akibat Hukum Perjanjian Nominee Hak Atas Tanah Berkaitan Dengan Kepemilikan Warga Negara Asing Khairunnisa Khairunnisa; Mohamad Fajri Mekka Putra
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 7, No 2 (2022)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35673/ajmpi.v7i2.2655

Abstract

The purpose of this research is to analyse the legal effect towards foreigner on the proprietary rights over land in Indonesia using nominee agreement. The research method that is used in this research is normative-juridical method with document analysis approach through library research sourced from legislations, books, legal articles, and court’s ruling. As for the analysis method used this research is qualitative which compare written regulation with the reality that happened related to the use of nominee agreement towards proprietary rights over land by foreigner in Indonesia. The result shows that the use of nominee agreement for proprietary rights over land by foreigner is null and void. The legality of  the agreement is dubious because it does not satisfy the requirement for the validity of agreements, that is a legal cause. There is no legal protection towards notary who issued nominee agreement.
Legal Consequences Of Land Nominee Agreements Related To Foreign Ownership (Decision Analysis Of Gianyar State Court Number 259/Pdt.G/2020/Pn.Gin) Khairunnisa Khairunnisa; Mohamad Fajri Mekka Putra
Syiar Hukum Volume 20, No 2 (2022) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v20i2.9612

Abstract

Under the Basic Agrarian Law No. 5 of 1960 article 21 paragraph 1 stated that only Indonesia citizen may have the right of ownership and it is the main principle of right of ownership in Indonesia. However, it would not be a problem for foreign citizen to have the right of land ownership in Indonesia with the use of Nominee Agreement. Nominee agreement is a form of legal smuggling towards the right of ownership by foreign citizen. The research method that will be used in this article is a juridical-normative approach by using primary and secondary legal material. As for the approach that will be used is the study documents through library research derived from statutes, publications, and related legal articles. The result shows the use of nominee agreement in right of ownership towards foreign citizen is null and void. The legality of this agreement is dubious because it does not fulfill the requirements for the validity of agreements, that is a legal cause. There is no legal protection towards the notary who create this agreement.
Co-Authors Mohamad Fajri Mekka Putra