Abstract
This study examines the legal power of nominee agreements and the basis of judge consideration in deciding and adjudicating cases related to nominee agreements. The research method used is normative legal research method. The approach used is a statutory approach, a conceptual approach and a case approach. The results of the study obtained that, the first is that the nominee agreement has no legal force because it does not meet the validity of an agreement contained in Article 1320 of the Civil Code (KUHPerdata) and break the Article 1335 and Article 1337 of the Civil Code (KUHPerdata). Second, the panel of judges decides and adjudicates the case is not in accordance with the principle of legal certainty because the judge does not provide a basis for consideration in accordance with the applicable law, namely the UUPA. The panel of judges acknowledged and confirmed that the nominee agreement was made between the husband of the Petitioner for Reconsideration and the Respondent for Reconsideration, so that in this decision the judge won the Petitioner for Reconsideration who was a foreign citizen. Keywords: Nominee Agreement, Foreign Citizen, Land Rights Control. DOI: 10.7176/JLPG/112-09 Publication date: August 31 st 2021
Highlights
Law Number 5 of 1960 concerning Basic Agrarian Principles, State Gazette of the Republic of Indonesia of 1960 Number 104, Supplement to the State Gazette of the Republic of Indonesia Number 2043 or what is known as the Basic Agrarian Law is a reference in Indonesian Land Law
This shows that the land for the Indonesian people has a communalistic character, meaning that all land in the territory of the Republic of Indonesia is the common land of the Indonesian people who are united as the Indonesian nation (Santoso, 2015:6)
If you look at the sound of Article 1335 and Article 1337 of the Civil Code (KUHPerdata), it is clear that the nominee agreement violates the law and contains false causes, the agreement has no power
Summary
Law Number 5 of 1960 concerning Basic Agrarian Principles, State Gazette of the Republic of Indonesia of 1960 Number 104, Supplement to the State Gazette of the Republic of Indonesia Number 2043 or what is known as the Basic Agrarian Law (hereinafter abbreviated as UUPA) is a reference in Indonesian Land Law. The principle of the principle of nationality, the entire territory of Indonesia is the unity of the homeland of all Indonesian people who are united as the Indonesian nation This shows that the land for the Indonesian people has a communalistic character, meaning that all land in the territory of the Republic of Indonesia is the common land of the Indonesian people who are united as the Indonesian nation (Santoso, 2015:6). The UUPA states that articles regulating legal subjects who can be granted and have land rights, namely Article 21 paragraph (1) of the UUPA, only Indonesian citizens can have property rights. This provision determines that an individual who is only Indonesian citizen can have property rights.
Sign-in/Register to view highlights & summary 
Published Version (
Free)
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call