SADIKIN, JESSICA (2024) KEKUATAN PEMBUKTIAN ATAS PENYELUNDUPAN HUKUM MELALUI PERJANJIAN PINJAM NAMA ATAU NOMINEE AGREEMENT DENGAN OBJEK TANAH. Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Humans essentially need land as a place to live or conduct business. Indonesia
clearly limits land ownership through regulation of Law Article Number 5 of 1960
concerning the Principles of Agrarian Regulations, which states that land ownership
in Indonesia is only intended for Indonesian citizens. However, this does not close
the opportunity for foreign citizens to invest because foreigners hold land control
rights in the form of usage rights, building lease rights, and ownership rights to
housing or flats built on land with usage rights. However, the development of the
era and the mixing of cultures has led to nominee agreements which are a form of
legal smuggling that is detrimental to both parties involved in the agreement.
Therefore, this research was conducted with the aim of conducting a study related
to nominee agreements that are difficult to eradicate in Indonesia along with
solutions to resolve them. The formulation of the problem is how is the legal force
and power of nominee agreements made by a notary? And what is the ideal solution
and regulations made to overcome the legal smuggling of nominee agreements? The
research method used in this research is the normative research method. The
conclusion of this study shows that the role of notaries holds an important key in
eradicating nominee agreements. This must be supported by stricter regulations
made by the regulator regarding sanctions that must be imposed on irresponsible
notaries who is using their authority to validate nominee agreements. Many
foreigners come to Indonesia with intention to invest continue to use nominee
agreements because they feel safe having an agreement that validated by a notary
as a public official. Law Article Number 30 of 2004 concerning the Position of
Notary which has been amended by Law Article Number 2 of 2014 concerning
Amendments to Law Article Number 30 of 2004 concerning the Position of Notary
does not explicitly explain the prohibition of notaries in making nominee
agreements. However, nominee agreements are clearly an act prohibited by law so
should be eradicated by notaries as public officials and law enforcement officers,
not to validate and ratify it as an agreement. Furthermore, the role of associations
as an extension of the government hands and supervisors can also be tightened. This
study will explain further regarding the resolution and regulation of solutions to
eradicate nominee agreements that continue to develop in the society.
Item Type: | Thesis (Bachelor) |
---|---|
Creators: | Creators NIM Email ORCID SADIKIN, JESSICA NIM01051210130 jessica.ms590@gmail.com UNSPECIFIED |
Contributors: | Contribution Contributors NIDN/NIDK Email Thesis advisor Utama, Gwendoyln NIDN307118401 gwendolyn.utama@uph.edu |
Uncontrolled Keywords: | Land Ownership; Nominee Agreement; Public Notary |
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: | Magang Input |
Date Deposited: | 09 May 2025 08:08 |
Last Modified: | 09 May 2025 08:08 |
URI: | http://repository.uph.edu/id/eprint/68353 |