Case Settlement of Nominee Agreement as A Mode of Land Tenure for Foreign Nationals in Indonesia

Aslan Noor

Universitas Singaperbangsa, Karawang, Indonesia

Abstract:

A nominee agreement takes place between an Indonesian citizen and a foreign national by means of a power of attorney. This agreement grants an irrevocable right to a foreign national to carry out any legal actions related to a property or a land. This is termed as a legal smuggling and prohibited in Indonesia because it is contrary to national land law This study aimed to find out how to stop foreign nationals from getting land and property rights. This study is based on the principle of Natural Law and the Indonesian Law and the constitution as the agents of implementing this Natural Law The data was collected from library resources and legal documentation. The study used the normative legal research method to find the truth based on the logic of legal scholarship from the normative side. The findings reveal that a nominee agreement is inseparable from the provision of Article 1320 and Article 1338 of the Civil Code as it fulfills the legal requirements of an agreement referred to by the provision of Article 1320 of the Civil Code. The study suggests that if an agreement is detrimental to the interest of the debtor, the debtor can apply for cancellation

Keyword:

Indonesia, foreign national, land titles, property, legal smuggling,