PENGUASAAN TANAH SECARA LEGAL OLEH WARGA NEGARA ASING DI INDONESIA

Abstract

The existence of foreigners in Indonesia raises a need to have a place to live in Indonesia. In the provisions of legislation in Indonesia, Foreign Citizens may only own land rights in the form of Right to Use and Right of Lease for Buildings. But many Foreigners are using the nominee Agreement to own land rights in the territory of Indonesia. The nominee agreement is an illegal legal effort utilized by a Foreign Citizen to have the right to land in the form of property rights in Indonesia, which under the Agrarian Law the type of ownership shall not be owned by a Foreign Citizen. Foreigner may also own land rights in the territory of Indonesia by investing in Indonesia by establishing a Corporate which is in compliance with the law in Indonesia and domiciled in Indonesia.