Communale Journal
Vol 2 No 02 (2024): July

THE VALIDITY OF OWNERSHIP RIGHTS TO LAND BY FOREIGN CITIZEN THROUGH A NOMINEE AGREEMENT

Wulandari, Eka (Unknown)



Article Info

Publish Date
08 Jul 2024

Abstract

This research aims to determine the validity of ownership rights to land by foreign citizens (WNA) through nominee agreements. A Nominee Agreement, commonly known as a name transfer or name borrowing agreement, is an agreement made on behalf of another party. The practice of nominee agreements still often occurs, even though foreigners do not have ownership rights by what is regulated in statutory regulations. Foreigners did this to control ownership rights to land in Indonesia and gain personal gain. No specific regulations govern nominee agreements, so law enforcement is not optimal. This research uses a normative juridical method with a statutory and case approach. The research results show that the nominee agreement entered into by foreigners is invalid because it needs to meet the objective elements of the requirements, namely lawful reasons that are already regulated in Article 1320 in the Civil Code.

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Journal Info

Abbrev

communale

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Communale Journal is an interdisciplinary scientific journal managed by the Center for Science and Technology (Pusat Unggulan Ipteks)-PUI Universitas Jambi and published three times a year, in March, July, and November. This journal publishes scientific papers and research results focusing on using ...