Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Perlindungan Hukum terhadap Pemilik Materiil dalam Sertipikat Hak Milik Atas Tanah Terkait Pinjam Nama (Nominee)

Febranisa Erin (Universitas Jayabaya)
Iran Sahril (Universitas Jayabaya)
Putra Hutomo (Universitas Jayabaya)



Article Info

Publish Date
03 Sep 2026

Abstract

Land ownership in Indonesia requires legal certainty through a Certificate of Ownership, while the practice of using a nominee where an Indonesian citizen acts as a front for a foreign national gives rise to disputes. This study examines the legal consequences for the party listed on the certificate as well as the legal protection afforded to the beneficial owner, drawing on the Theory of Subjective Contracts and Sudikno Mertokusumo’s Theory of Legal Protection. The research method employs a normative legal approach using legislative, case law, analytical, and conceptual approaches, as well as primary, secondary, and tertiary legal sources. Analysis is conducted through grammatical, systematic, and analogical interpretation. The results of the study indicate that nominee agreements are null and void as a matter of law because they conflict with the Land Law (UUPA), while Indonesian citizens whose names are listed on the certificate remain recognized as the lawful owners based on SEMA No. 10 of 2020. Protection for foreign nationals is limited to civil interests, while land possession should be based on the Right of Use pursuant to Article 42 of the Land Law (UUPA).

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Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...