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Richard
Borobudur University, Jakarta, Indonesia

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LEGAL PROTECTION FOR GOOD FAITH LAND BUYERS IN LEASE AGREEMENTS WITH FOREIGN NATIONALS Richard
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2107

Abstract

This study aims to determine and analyze the legal protection for good faith land buyers who enter into lease agreements with foreign nationals. The theoretical framework of this research uses the theory of legal protection, the theory of good faith purchaser, and the theory of agreement. The research methodology used is normative juridical legal research, focusing on library materials consisting of primary and secondary sources such as legal regulations, books, theses, and journals related to this research. The legal protection of foreign nationals who conduct land leasing transactions in Indonesia is basically regulated in the Basic Agrarian Law (UUPA) Number 5 of 1960 and other related regulations. According to the UUPA, foreign nationals are not allowed to own land in Indonesia they may have the right of use or the right of lease. This research highlights the importance of legal protection for good faith buyers in such transactions, to ensure their protection under the law. The practical and theoretical implications of this research provide insight into how the results of this study may be applied or influence practice in the field of property law, particularly in international land lease agreements. These implications may affect legal practitioners, policy makers, and foreign investors involved in the Indonesian real estate sector. This research contributes to the literature by exploring the legal complexities surrounding land transactions involving foreign nationals and good faith buyers. The originality of this research lies in the in-depth analysis of the interplay between national land laws and international lease agreements of both legal practitioners and buyers regarding the legal protections available in such transactions.
THE EXISTENCE OF MORTGAGE RIGHTS IN THE BASIC AGRARIAN LAW AND THE DYNAMICS OF ITS REGULATION IN THE MODERN ERA Richard
Awang Long Law Review Vol. 8 No. 4 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i4.2362

Abstract

The development of land registration systems and electronic transactions has driven the transformation of land administration in Indonesia, including the implementation of Mortgage Rights as a collateral institution for land rights. This study aims to analyze the existence of Mortgage Rights in the Indonesian land law system and examine the dynamics of its regulation in the modern era. This study uses a normative legal research method with a statute approach and a conceptual approach . The legal materials used include primary, secondary, and tertiary legal materials analyzed qualitatively through literature studies. The results of the study indicate that the existence of Mortgage Rights is maintained as the only material collateral institution specifically charged with land rights based on the Basic Agrarian Law and Law Number 4 of 1996 concerning Mortgage Rights. This existence is not only reflected in normative recognition, but also in the continuity of its function in providing legal certainty, legal protection, and supporting the national financing system. The dynamics of Mortgage Rights regulation in the modern era take place through the transformation of the administrative mechanisms for encumbrance, registration, verification, and cancellation of Mortgage Rights into an electronic system without changing the substance of Mortgage Rights as a material security right. These changes indicate that modernization is more directed at the implementation of land administration rather than changes to the legal construction of Mortgage Rights. Therefore, the development of Mortgage Rights regulations needs to be directed at harmonization between Law Number 4 of 1996 and regulations regarding electronic systems and digital land administration in order to accommodate the development of land registration systems and electronic transactions without reducing legal certainty and the effectiveness of Mortgage Rights institutions.