Hasbi, Raihan (2026) Nominee Practices Toward Land Ownership Status in Indonesian Positive Law. Legal Spirit, 10 (1). pp. 1-10. ISSN 1978-2608
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Abstract
Nominee is a term used in various contexts to refer to an individual or entity authorized to act on behalf of another individual or entity. The use of nominees is quite common, particularly in situations where there are legal restrictions on direct ownership by foreign parties or individuals who wish to conceal their true identity as the actual owner. In Indonesia, nominees are usually based on an agreement. However, the practice of nominee is often misused to circumvent existing regulations, particularly in land ownership. This research was conducted with the aim of knowing how practice of name-lending (nominee) through the lens of positive law and subsequently, examine how land ownership status is influenced by this practice, with a focus on its implementation provisions. By using normative juridical research methods, it can be concluded: 1. in general, the practice is allowed as long as it refers to the applicable laws and regulations If the practice is accompanied by an agreement, it should not contradict the positive law in force in Indonesia, especially those that regulate agreements 2. The status of land ownership with Nominee Practices or Nominee Agreement, as seen from the Supreme Court Circular Letter No. 10 of 2020 in the formulation of civil law, letter B number (4), states that the one listed on the certificate is the rightful owner.  Based on this provision, the status of the land, even if registered in someone's name as a nominee, remains the property of the nominee, regardless of who provided the funds to purchase the land object. Therefore, the name listed on a land certificate is not separate from the rights and obligations towards the land. In this case, the regulation closes the possibility of having rights to land through nominee practices in Indonesia.
| 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: | 25 May 2026 01:38 |
| Last Modified: | 25 May 2026 01:38 |
| URI: | https://repository.widyagama.ac.id/id/eprint/151 |
