Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan
Vol 3, No 1 (2018): Juni 2018

STATUS HUKUM HAK MILIK ATAS TANAH WARGA NEGARA ASING DENGAN MEMINJAM NAMA WARGA NEGARA INDONESIA

Astri Putri Aprilla (Universitas Brawijaya)
Iwan Permadi (Universitas Brawijaya)
Lutfi Efendi (Universitas Brawijaya)



Article Info

Publish Date
16 Dec 2018

Abstract

This article described the consideration of judges who won the foreign citizen in disputes over land ownership and the agreement validity to borrow the names of a foreign citizen in owner- ship of land rights under Article 1320 of the Criminal Code. This study method used normative legal methods with a legislative approach, a case approach, and a philosophical approach. The results of the analysis showed that the judge who won the foreign citizen as the defendant for the ownership of the land by using the name of the plaintiff based his decision on the inadequacy of the evidence or legally the claimant has the land rights. Agreements made by a foreign citizen and Indonesian citizens are null and void because they did not fulfil the legal requirements of an agreement, namely the existence of a lawful cause. Land that was the object of a lawsuit couldn’t be owned by a foreign citizen so that the land belongs to the state.DOI: http://dx.doi.org/10.17977/um019v3i12018p015

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Journal Info

Abbrev

jppk

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan (JIPPK, P-ISSN: 2528-0767 and E-ISSN: 2527-8495) contains research articles, the study of theory and its application. Published periodically twice a year in June and December. Jurnal Pendidikan Pancasila dan Kewarganegaraan is published by the ...