Law and Justice
Vol. 9 No. 1 (2024): Law and Justice

Legal Certainty of Land Ownership Rights By Foreign Nationals Through Nominee Agreements

Mita Kirani, Salsa (Unknown)
Lanontji, Muryanto (Unknown)
Wahyudi Umar (Unknown)



Article Info

Publish Date
24 May 2025

Abstract

The purpose of this study to examine the legal certainty related to the ownership of land rights by foreign nationals (WNA) through name loan agreements or nominees in Indonesia. The methodology used is normative legal research with a legislative and conceptual approach, as well as analysis of primary and secondary legal materials. The results of the study show that the practice of nominee agreements is often considered illegal and has the potential to cause legal disputes, because it is contrary to Law No. 5 of 1960 concerning Agrarian Principles which only allows Indonesian citizens to have property rights to land. In addition, this agreement can result in losses for all parties involved, including foreign citizens (WNA) who lose their rights and Indonesian citizens (WNI) who lend their names. This research provides an understanding of the need for clearer regulations to protect the interests of all parties and prevent the abuse of the law in land tenure by foreign nationals (WNA) in Indonesia.

Copyrights © 2024






Journal Info

Abbrev

laj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Law and Justice is a peer-reviewed journal. That is published biannually and managed by Faculty of Law Universitas Muhammadiyah Surakarta, which is intended as a medium of communication, information and legal science development. This journal contains studies in the field of law which are the ...