The International Journal of Politics and Sociology Research
Vol. 13 No. 3 (2025): December: Law, Politic and Sosiology

The validity of nominee agreements on the ownership of shares from a business law and human rights perspective

Mustika, I Komang Sanju Bayu (Unknown)



Article Info

Publish Date
30 Dec 2025

Abstract

This study analyzes the validity of nominee agreements in share ownership under Indonesian investment law through the perspective of human rights theory. Using a normative juridical method, the research examines how such agreements, often used to conceal foreign ownership, relate to national legal norms and human rights principles, including economic rights, equality before the law, and the right to national self-determination. The study draws on primary legal sources such as the Investment Law (Law No. 25 of 2007), the Company Law (Law No. 40 of 2007), and constitutional provisions under the 1945 Constitution, along with relevant international human rights instruments. The findings demonstrate that nominee agreements violate Article 33 of the Investment Law and contradict Indonesia’s constitutional and human rights commitments. These agreements not only obscure ownership transparency but also undermine economic justice and the collective rights of Indonesian citizens to control national resources. The research concludes that maintaining the prohibition of nominee arrangements is essential to preserving legal certainty, national sovereignty, and the ethical integrity of foreign investment practices. The alignment of investment law with human rights principles strengthens Indonesia’s commitment to fair, transparent, and sustainable economic governance.

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Journal Info

Abbrev

ijopsor

Publisher

Subject

Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The main goal of International Journal of Politics and Sociology Research is to present outstanding, high quality research developments in all areas of politics and sociology research to a broad audience of academicians and professionals. International Journal of Politics and Sociology Research ...