Keabsahan Perjanjian Pinjam Nama (Nominee) Oleh Warga Negara Asing Dalam Penguasaan Hak Milik Atas Tanah Di Indonesia

Jastrawan, I Dewa Agung Dharma; Suyatna, I Nyoman

doi:10.24843/km.2019.v07.i02.p13

Cited by 4 publications

(7 citation statements)

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“…So, there is no conflict between the will of the parties and the reality. Thus, the agreement can be null and void following what is contained in Article 1337 of the Civil Code [9], a prohibited cause and an aggrieved third party can cancel this.…”

Section: Resultsmentioning

confidence: 99%

“…Article 1365 of the Civil Code (Kuhperdata) [9], It states that: "Every act that violates the law and brings harm to others, obliges the person who caused the loss because of his mistake to compensate for the loss." Thus, the elements of unlawful acts (PMH) can be drawn from the contents of the article, namely: a.…”

Section: Elements Of Unlawful Acts (Pmh)mentioning

confidence: 99%

“…When viewed from the terms of the agreement above, there is a relationship and the role of a notary in these conditions. The Role of Notaries in Article 1320 of the Civil Code [9] which states the conditions for the validity of an agreement, namely: a. The existence of an agreement means that if the appearers consisting of the parties who will make the agreement must be those who mutually agreed between the parties when they will appear before a Notary.…”

Section: Legal Consequences For Notary Making Nomina Deedsmentioning

confidence: 99%

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Legal Consequences for Nominee Deed Notaries

Perwitasari¹,

Fairina²

2021

Proceedings of the International Joint Conference on Arts and Humanities 2021 (IJCAH 2021)

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The Nominee Agreement in Indonesian civil law which is based on the Civil Code does not have any rules in it. An agreement that has no rules in the Civil Code can be called an anonymous agreement (Innominant Contract). Where this unnamed agreement is an agreement which rules are not yet contained in the Civil Code, but in fact exist and develop in society following the times. The writing of this journal article is normative juridical research using a statutory approach, a case approach, and a conceptual approach. This study was made to analyze and describe the legal consequences that will occur to the notary who makes the Nominee deed. It can be interpreted that a notary who makes an authentic deed in the form of a nominee deed will face the consequences of making the deed where it can be said that the nominee deed is a deed that leads to legal smuggling. Based on the explanation above, the results obtained from the research are that a notary can be subject to sanctions against the authentic deed he made. Because this is an act against the law both in civil, criminal, and in the form of administration.

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Section: Resultsmentioning

confidence: 99%

Section: Elements Of Unlawful Acts (Pmh)mentioning

confidence: 99%

Section: Legal Consequences For Notary Making Nomina Deedsmentioning

confidence: 99%

See 1 more Smart Citation

Legal Consequences for Nominee Deed Notaries

Perwitasari¹,

Fairina²

2021

Proceedings of the International Joint Conference on Arts and Humanities 2021 (IJCAH 2021)

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“…Related to this, the nominee agreement does not fulfill the elements of a lawful cause because it involves the transfer of land rights from Indonesian citizens to foreign citizens indirectly which is prohibited in Article 26 paragraph (2) of the BAL. Thus causing the nominee agreement to become invalid/valid and has no legal force that binds the parties" (Jastrawan & Suyatna, 2019).…”

Section: Nominee Agreement Based On the Civil Codementioning

confidence: 99%

“…In the practice of land ownership, the only way to "give foreigners the possibility to own land that is prohibited by the BAL is by borrowing the name (Nominee) of a Balinese in buying and selling, so that formally it does not violate regulations. However, if examined further, regarding Article 1320 of the Civil Code regarding the validity of an agreement in the fourth condition which states that the cause is lawful (Jastrawan & Suyatna, 2019). Therefore, in view of Article 26 paragraph (2) of the BAL which states that "Any sale and purchase, exchange, gift, gift by will and other acts intended to directly or indirectly transfer property rights to foreigners, to a citizen who, in addition to Indonesian citizenship, has foreign citizenship or to a legal entity, except for those stipulated by the Government referred to in Article 21 paragraph (2), is null and void because the law and the land fall to the State, provided that the rights of other parties burdening them remain in progress and all payments that have been received by the owner cannot be claimed again.…”

Section: Nominee Agreement Based On the Civil Codementioning

confidence: 99%

Nominee Agreement: A Solution for Foreigners to Control Land in Bali

Sudharsana

Purwanto

2022

POLRI

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The purpose of this study is to find out the legal basis of the nominee agreement and to find out the nominee agreement that is used as a solution by foreigners in controlling land in Bali. This research method uses the type of empirical legal research. The legal basis for the nominee agreement is Article 21 and Article 26 of the Basic Agrarian Law (BAL). In addition, there are also other legal bases, namely Articles 1320 and 1313 of the Civil Code. Juridically, the nominee agreement cannot be used as a solution by foreigners to control land in Bali. Land tenure that can be taken by foreigners is with usufructuary rights and rental rights.

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Legal Validity of Land Tenure by Foreigners Through Mixed Marriages Obtained From Inheritance From the Uupa Perspective

Mahendra,

Yustiawan

2023

POLRI

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This scientific paper aims to examine the legal validity of land tenure by foreigners through mixed marriages obtained from inheritance, with a focus on the perspective of the UUPA (Undang-Undang Pokok Agraria). It also investigates the legal consequences that arise from the cancellation of ownership rights to land obtained through inheritance by foreigners. The presence of mixed marriages in Indonesia has implications for joint property ownership in marriage. According to Article 35 of the Marriage Law, joint property refers to assets acquired during marriage that become shared property. However, Article 21, paragraph (3) of the Basic Agrarian Law (Law No. 5/1960) lacks clarity in terms of norms governing land tenure by foreigners derived from inheritance. This ambiguity arises from the absence of a defined time limit or clear provisions regarding land tenure by foreigners through inheritance. This research utilizes normative legal research methods, employing legislative, conceptual, and analytical approaches. Foreign nationals can acquire land ownership if they enter into a mixed marriage with Indonesian citizens. In such cases, the land must remain under the ownership of the Indonesian citizen, with a joint property separation agreement established prior to the mixed marriage. The heirs of foreign nationals can still hold Hak milik land acquired through inheritance, but only for a period of one year. After this period, the land reverts to state ownership. Foreign nationals have the option to sell the land to an Indonesian citizen or apply for a Right of Use through the National Land Agency, in accordance with the applicable regulations.

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Keabsahan Perjanjian Pinjam Nama (Nominee) Oleh Warga Negara Asing Dalam Penguasaan Hak Milik Atas Tanah Di Indonesia

Cited by 4 publications

References 0 publications

Legal Consequences for Nominee Deed Notaries

Legal Consequences for Nominee Deed Notaries

Nominee Agreement: A Solution for Foreigners to Control Land in Bali

Legal Validity of Land Tenure by Foreigners Through Mixed Marriages Obtained From Inheritance From the Uupa Perspective

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