CD Skripsi

Praktik Nominee Agreement Oleh Warga Negara Asing Sebagai Sarana Penyelundupan Hukum Di Sektor Agraria Indonesia

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ABSTRACT
Many Foreigners come to Indonesia to travel, study, work, and settle in
Indonesia. Foreigners desire to settle down is limited to the need for housing and
land. According to Indonesian law, foreigners may not have property rights over
land in Indonesia, while other rights are limited in time/temporary. Thus,
foreigners choose shortcuts using nominee agreement. Shortly, the land is in the
name of an Indonesian Citizen so that it does not violate the applicable legal
provisions in Article 21 paragraph (1) of Law Number 5 of 1960 concerning
Basic Agrarian Regulations (BAR). Nominee Agreement by foreigners is indicated
as a form of legal smuggling (law evasion). This action enters into problems
in Private International Law (PIL). Notice the presence of foreign elements
(foreign element) in civil relations that occurred, and acts of legal smuggling (law
evasion) that enters the realm of PIL, researchers are interested in studying this
from the perspective of PIL. The purpose of this research is to find out aspects of
PIL in practice nominee agreement over land by foreigners and to find out the
legal consequences of land ownership rights carried out by foreigners through
nominee agreement in Indonesia from the PIL perspective.
This type of research can be classified into the type of normative legal
research. In this study, researchers conducted research on legal principles using
deductive thinking methods.
The results of this study are, nominee agreement is an agreement
containing an international aspect made between a person who according to law
cannot be the subject of property rights, in this case namely a foreigner and an
Indonesian citizen, with the intention that the foreigner can control (own) land
with ownership rights. Nominee agreement is clearly a form of legal smuggling to
avoid regulations stipulating that foreign nationals do not meet the requirements
as subject holders of land ownership rights in Indonesia in accordance with the
provisions in Article 21 paragraph (1) Juncto Article 26 paragraph 2 BAR.
Considering that this act is an agreement, then based on Article 1320 of the Civil
Code, nominee agreement does not fulfill the halal cause, resulting in
consequences or legal consequences, namely null and void. In PIL, legal
smuggling has consequences Fraus Omnia Corrumpit that is, the act of law as a
whole does not apply.
Keywords: Nominee- Legal Smuggling-Foreigners-Agrarian

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909112943

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Internasional., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909112943

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM INTERNASIONAL

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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