Journal Equity of Law and Governance
Vol. 6 No. 2

Juridical Review of Foreign Land Ownership in Indonesia Under Government Regulation No. 18 of 2021 on Management Rights, Land Rights, Apartment Units, and Land Registration

Zhakiah Putri (Faculty of Law, Universitas Buana Perjuangan Karawang, Indonesia)
Yuniar Rahmatiar (Faculty of Law, Universitas Buana Perjuangan Karawang, Indonesia)
Muhamad Abas (Faculty of Law, Universitas Buana Perjuangan Karawang, Indonesia)



Article Info

Publish Date
17 Mar 2025

Abstract

This study aims to analyze the implications of Government Regulation No. 18 of 2021 on Management Rights, Land Rights, Apartment Units, and Land Registration concerning foreign nationals and to examine the legal certainty of foreign land ownership under the Investment Law (PMA) and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). The study highlights inconsistencies in the regulation regarding foreign land ownership, revealing ambiguities in the substantive provisions of Government Regulation No. 18 of 2021. Several articles in this regulation conflict vertically with the Job Creation Law and the Basic Agrarian Law. Consequently, for legal certainty, the government must evaluate and restructure the relevant provisions. Despite strict restrictions on foreign land ownership, certain legal loopholes enable foreigners to acquire land rights through specific agreements. This research employs a normative juridical methodology. Government Regulation No. 18 of 2021 allows foreigners to obtain land rights under the status of Right to Build (Hak Guna Bangunan – HGB), provided they hold a residence permit in Indonesia. Additionally, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) plays a crucial role in ensuring the administrative processes related to land ownership and use by foreign nationals and foreign investment companies comply with legal provisions.

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Journal Info

Abbrev

elg

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly ...