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Ownership of Land Through Nominee Agreement by Foreign Citizens

Setyowati, Winda Ayu (2025) Ownership of Land Through Nominee Agreement by Foreign Citizens. Legal Spirit, 9 (3). pp. 587-596. ISSN 1978-2608

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Abstract

Land has an attractive market value that entices foreign nationals (FNs) to invest in it. FNs can have usage rights and lease rights to land in Indonesia, but they still strive to have ownership rights over land in Indonesia by making a nominee or borrowing agreement, which essentially states that Indonesian citizens (ICs) are only lending their names, while the right to control the land belongs to FNs. The research method used in this writing is by conducting a normative juridical approach, examining and researching secondary data such as the Decision of the Gianyar District Court, the Civil Code, as well as other literature materials such as books and journals to analyze related judgments. This study also uses descriptive analytics aiming to describe or depict the research object through collected materials. Based on the results of this research, the nominee agreement does not meet the requirements of a valid agreement, specifically the fourth clause, which is a lawful cause because based on the Foreign Ownership of Property Act, FNs are prohibited from owning land in Indonesia, so it is correct if the land reverts to the state because ICs whose names are listed in the Land Certificate also obtain the land with malicious intent. This decision is incomplete because it does not impose sanctions on Notaries/PPATs who do not comply with legal regulations.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: aulia happy fadila
Date Deposited: 19 May 2026 06:45
Last Modified: 19 May 2026 06:45
URI: https://repository.widyagama.ac.id/id/eprint/140

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