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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi
Hartadi, Didit
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Law, Crime, Criminology & Criminal Justice

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Implementation of the Principle of Nationality in Sales and Purchases Through Nominee Agreements Regarding Land Rights In Indonesia Hartadi, Didit
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9247

Abstract

This research analyzes the complexity of applying the principle of nationality in buying and selling land rights in Indonesia, especially regarding the practice of nominee agreements. This principle, which limits land ownership to Indonesian citizens and national legal entities, is often circumvented by nominee agreements where Indonesian citizens act as formal owners, but substantive control is in the hands of foreign parties. The research results show that this practice is legal smuggling which is detrimental to agrarian sovereignty, creates legal uncertainty, and has the potential to trigger abuse. Therefore, stronger law enforcement, strict supervision and strict sanctions are urgently needed to maintain the integrity of the principle of nationality and prevent similar practices in the future.
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