PRAKTIK NOMINEE AGREEMENT OLEH WARGA NEGARA ASING SEBAGAI SARANA PENYELUNDUPAN HUKUM DI SEKTOR AGRARIA INDONESIA

Abstract

Many foreigners come to Indonesia to settle in the country, but are limited in their need
for housing and land. According to Indonesian law, foreigners cannot own property rights to
land in Indonesia. Thus, foreigners choose a shortcut using a nominee agreement which is
indicated as legal smuggling. Seeing the existence of foreign elements in the civil relations that
occur, and the act of legal smuggling (wetsontduiking) which falls into the realm of Privat
International law (PIL). The purpose of this research is to find out the aspects of PIL in the
practice of nominee agreements on land by foreigners and to find out the legal consequences
of controlling land ownership rights carried out by foreigners through nominee agreements in
Indonesia from an PIL perspective by first examining the legal force of nominee agreements.
The results of this normative legal research are, nominee agreement is an agreement
containing international aspects made between Indonesian citizens and someone who
according to the law cannot be the subject of property rights, namely in order to control land
with property rights. Nominee agreement is a form of legal smuggling to avoid the provisions
of Article 21 paragraph (1) in conjunction with Article 26 paragraph 2 of the UUPA. Based on
Article 1320 of the Civil Code, the nominee agreement does not fulfill the halal causa, so that
the legal consequences are null and void. Legal smuggling results in fraus omnia corrumpit,
namely that the legal act in its entirety is invalid.
Keywords: Nominee- Legal Smuggling-Foreigners-Agrarian