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All Journal Journal of Law, Society, and Islamic Civilization Journal of Law, Poliitic and Humanities
Bintang Parashtheo
Universitas Terbuka
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Keabsahan Jual Beli Hak Atas Tanah Kepada Warga Negara Asing (WNA) Meliza Meliza; Bintang Parashtheo
Journal of Law, Society, and Islamic Civilization Vol 14, No 1: April 2026
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v14i1.117425

Abstract

This study seeks to examine the legal validity of transactions involving the sale and purchase of land rights by foreign nationals in Indonesia, as well as to identify the legal problems that frequently arise in practice. Indonesia’s national land law, especially Law Number 5 of 1960 concerning Basic Agrarian Principles, provides that ownership rights in the form of freehold title are reserved exclusively for Indonesian citizens, whereas foreign nationals may only obtain more limited forms of land rights, such as rights of use or rights acquired through certain legal entities in accordance with applicable laws and regulations. Nevertheless, in practice, attempts by foreign nationals to control land are still carried out through nominee arrangements, simulated transactions, and the misuse of legal entities. This research employs an empirical legal method with a socio-legal approach, viewing law as both a normative system and a social reality. The study was conducted in Bali Province, an area characterized by high levels of foreign investment and tourism activity. Primary data were obtained through in-depth interviews with officials of the National Land Agency (BPN), Notaries/Land Deed Officials (PPAT), and other relevant parties, as well as field observations. Secondary data were collected through library research consisting of statutory regulations, court decisions, books, and scientific journals. All data were analyzed using a descriptive qualitative method. The findings indicate that nominee arrangements and other forms of legal circumvention are contrary to the nationality principle in agrarian law and fail to satisfy the lawful cause requirement under contract law, rendering such transactions potentially null and void. In addition, weak administrative supervision, misuse of zoning regulations, and limited public understanding of land ownership restrictions for foreign nationals remain significant concerns. Therefore, stronger supervision, improved inter-agency coordination, and more effective legal education are necessary to ensure legal certainty and to protect national interests in the land sector.
Deed Signing in Front of PPAT: Feasibility Evaluation (Study of PPAT Working Area of West Jakarta Administrative City) Bintang Parashtheo
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.951

Abstract

The signing of a deed before a Land Deed Official (PPAT) is one of the important stages in the process of transferring land rights regulated by Indonesian agrarian law. This study aims to evaluate the feasibility of the deed signing process before a PPAT in the working area of West Jakarta Administrative City. This evaluation includes compliance with legal procedures, the quality of PPAT services, as well as the suitability of documents and the legality of the deed made. Through a qualitative approach with descriptive analysis, this research examines the various factors that influence the feasibility of deed signing, including the PPAT's role in ensuring the validity and legality of the deed, as well as the challenges faced by the parties involved in the process. The results show that although most PPATs in West Jakarta have carried out their duties in accordance with applicable regulations, there are some obstacles related to the public's limited knowledge of legal procedures, as well as potential problems in document verification that affect the feasibility of signing the deed. Recommendations are given to improve the quality of PPAT services through regulatory development and increasing public legal awareness
Co-Authors Meliza Meliza