Pengaturan Kepemilikan Satuan Rumah Susun Bagi Warga Negara Asing Menurut Peraturan Menteri Agraria Dan Tata Ruang/ Kepala Badan Pertanahan Nasional RI Nomor 29 Tahun 2016

Abstract

The need for homes for individuals, both for a residence and for a place ofbusiness, is the most felt need to be fulfilled. This need is not only for Indonesian Citizens(WNI) but also for the needs of Foreign Citizens (WNA) who are located or working oropening their business activities in IndonesiaIssues discussed are: legal arrangements regarding ownership of apartment units forforeign nationals in Indonesia and legal certainty for foreign nationals in possessingapartment units in Indonesia. Arrangements for foreigners to have flats in Indonesia, theGovernment issued Government Regulation Number 103 of 2015 concerning ForeignOwnership of Residential Houses or Resettlement in Indonesia and the implementingregulations, namely Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of National Land Agency Number 13 of 2016. However, ATR Minister Regulation No. 13 of 2016 is considered to be less than optimal, so the Minister of Agrarian replacesthe Ministerial Regulation with Regulation of the Minister of Agrarian Number 29 of 2016which regulates the same thing. With the issuance of a Certificate of Property Rights inthe Flats, a legal certainty is guaranteed, which is one of the objectives of the constructionof flats. As a suggestion, it is necessary to make specific arrangements regardingownership of apartment units by foreigners, as far as providing benefits to the State andnation of Indonesia, bearing in mind that these regulations are still regulated in severalregulations, but there is no specific regulation concerning ownership of apartment unitsfor these foreign nationals. Indonesian citizens are more prudent in carrying out legalactions involving foreign citizens so as not to pose risks in the future.