Penyelundupan hukum kontrak pinjam nama oleh warga negara asing di provinsi Jakarta dan Banten = Legal smuggling through loan contractsnames used by foreign citizensin the provinces of Jakarta and Banten

Widjaya, Jonathan (2024) Penyelundupan hukum kontrak pinjam nama oleh warga negara asing di provinsi Jakarta dan Banten = Legal smuggling through loan contractsnames used by foreign citizensin the provinces of Jakarta and Banten. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The right to own land in Indonesia is given entirely to Indonesian citizens (hereinafter referred to as "WNI") based on Article 21 Paragraph (1) of Law number 5 of 1960 concerning Agrarian Principles (hereinafter referred to as "UUPA.") Foreign citizens do not get ownership rights to their land, instead they are given use rights and rental rights as regulated in Article 42 and Article 45 of the UUPA if they want to use land in Indonesia. This prohibition allows foreigners to carry out legal smuggling through name-borrowing or nominee contracts by utilizing the principle of freedom of contract based on Article 1338 of the Code. Civil Law (hereinafter referred to as the "Civil Code.") There are no special regulations governing name borrowing or nominee contracts, which makes foreigners dare to enter into name borrowing contracts. A name borrowing contract is made with a foreigner who borrows the name of an Indonesian citizen to use as a name on a certificate and the Indonesian citizen provides a contract that looks like of foreigners who have power over the land. Jakarta and Tangerang, as economic centers in Indonesia and JABODETABEKJUR, are facing problems with borrowing contracts for land ownership by foreigners. This research was conducted to examine the legal consequences for the parties involved in legal smuggling of name-borrowing contracts for foreigners' land ownership and the role of Indonesia and its government in overcoming the problem of name-borrowing contracts. This research is expected to provide an understanding of the legal consequences of name borrowing contracts and encourage the authorities to create new roles and regulations in reducing name borrowing contracts. This research method uses empirical law with secondary data and is supported by primary data through interviews with parties related to land lending and agrarian contracts in Indonesia. The research results show that the name borrowing contract will be null and void and the foreigner will suffer a loss because the land completely belongs to the Indonesian citizen according to the certificate and the notary who made it will be subject to administrative sanctions. The role of Indonesia and the government in fighting name lending contracts with appeals by the notary community, providing education and selectivity regarding land registration, and making special regulations for title loan contracts. In conclusion, name borrowing contracts result in losses and defaults in the future and the government's role in handling name borrowing contracts has proven to be effective.
Item Type: Thesis (Bachelor)
Creators:
Creators
NIM
Email
ORCID
Widjaya, Jonathan
NIM01051210082
jojonathan.020913@gmail.com
UNSPECIFIED
Contributors:
Contribution
Contributors
NIDN/NIDK
Email
Thesis advisor
Nugraha, Dwi Putra
NIDN0303118602
dwi.nugraha@uph.edu
Uncontrolled Keywords: land ownership title; nominee arragement; foreigners.
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: JONATHAN WIDJAYA
Date Deposited: 31 Jan 2025 03:25
Last Modified: 31 Jan 2025 03:25
URI: http://repository.uph.edu/id/eprint/66588

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