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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam
Ma'ruf Akib
Universitas Muhammadiyah Kendari
Law, Crime, Criminology & Criminal Justice

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The Legal Validity and Evidentiary Challenges of Unwritten Rental Agreements in Boarding Houses Firnawati; Ma'ruf Akib; Wahyudi Umar
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.10 No.2 (2025)
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.v10i2.10840

Abstract

The widespread use of unwritten boarding house rental agreements among students generates a distinct form of legal vulnerability, not due to the absence of contractual validity, but as a result of weakened legal certainty and evidentiary fragility. This study employs a normative juridical method with statutory and analytical approaches to examine the legal validity and evidentiary implications of oral rental agreements under Indonesian civil law. The analysis demonstrates that unwritten rental agreements remain legally binding insofar as they satisfy the requirements of Article 1320 of the Indonesian Civil Code. However, the lack of written documentation significantly undermines effective legal protection when disputes arise. Consequently,non-litigation dispute resolution mechanisms, as regulated under Law No. 30 of 1999, emerge as a more functional avenue for resolving disputes, albeit without fully addressing underlying structural imbalances in contractual relations. This study reconceptualizes unwritten boarding house rental agreements as normatively valid yet structurally vulnerable contracts, underscoring the need to strengthen legal certainty in informal contracting practices.
Control without Ownership: Nominee Agreements and the Restriction of Freehold Land Rights for Foreign Nationals in Indonesia Farida Paroto; Ma'ruf Akib; Ismi Fadjriah Hamzah
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.
Co-Authors Farida Paroto Firnawati Ismi Fadjriah Hamzah Wahyudi Umar