PRANATA, MUHAMMAD LUTHFI and Utama, Meria and Trisaka, Agus (2025) LARANGAN PEMILIK HAK MILIK ATAS TANAH BAGI WARGA NEGARA ASING DI INDONESIA. Masters thesis, Sriwijaya University.
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Abstract
The nominee agreement involving Indonesian and foreign citizens has created legal uncertainty and included in the act of smuggling the law on land ownership rights in Indonesia, in addition to through nominee agreements, these foreign citizens also try to obtain land ownership rights in Indonesia by exploiting existing legal loopholes through mixed marriages. The purpose of this study was to determine and analyze the legal regulations of law regarding the prohibition of land ownership rights for foreign nationals, sanctions for negligence committed by notaries and preventive steps in the future so that notaries do not make nominee agreements for foreign nationals. This study was a normative legal study using primary, secondary, and tertiary legal materials. The results of this study showed that there were legal regulations regarding the prohibition of land ownership rights for foreign nationals in Indonesia based on the provisions in Article 21 Paragraph (3), Article 21 Paragraph (2), and Article 26 Paragraph (2) of the UUPA (basic agrarian law), but regarding land ownership rights in mixed marriages themselves, there is no explicit prohibition. Sanctions for notaries for their negligence in making nominee agreements for the notaries can be subject to four types of sanctions, namely civil, criminal, administrative sanctions and based on the notary code of ethics. In addition, preventive steps that can be taken are by making regulations related to nominee agreements specifically to prevent disputes in the future and conducting routine supervision of notaries in areas that are usually often sought after by foreign nationals to own so that it is hoped that it can minimize the occurrence of nominee agreements by notaries in the future.
| Item Type: | Thesis (Masters) |
|---|---|
| Uncontrolled Keywords: | Perjanjian Nominee, Notaris, Hak Atas Tanah |
| Subjects: | K Law > K Law (General) > K3400-3431 Administrative law K Law > K Law (General) > K7265-7305 Contracts |
| Divisions: | 02-Faculty of Law > 74102-Notarial Law (S2) |
| Depositing User: | Muhammad Luthfi Pranata |
| Date Deposited: | 24 Jul 2025 02:01 |
| Last Modified: | 24 Jul 2025 02:01 |
| URI: | http://repository.unsri.ac.id/id/eprint/180251 |
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