Proceedings of the International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2018)

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Land Rights Ownership by Foreign Citizens through Nominee Agreement in Tourism Investment in Bali

Authors
Made Wiryani, I Wayan Kartika Jaya Utama
Corresponding Author
Made Wiryani
Available Online November 2018.
DOI
10.2991/icblt-18.2018.10How to use a DOI?
Keywords
nominee agreement; notary deed; land rights ownership; foreign citizen
Abstract

This study is conducted to describe the impacts arising from the smuggling of agrarian law to avoid losses for investors and the negative impacts on investment evaluation as supporting the efforts of international tourism infrastructure development, particularly in Bali. This research utilizes normative legal method to carry out literature study as it has characteristic and tradition of law science. The approach used in this study is statue approach, case approach and conceptual approach. The result shows that the validity of foreign citizens’ ownership of land that is originally owned by Indonesian citizen performed by Notary with notary deed in a formal juridical manner is indeed according to underlying rules, in the sense that the legal status is legitimate. However, it materially violates the provisions of Article 26 paragraph (2) of the Basic Agrarian Law Act (UUPA) as it is an indirect attempt to transfer Land Rights Property from Indonesian citizens to foreign citizens. In conclusion, the ownership of land rights by foreign citizens through nominee in tourism investment violates the provisions of Article 26 paragraph (2) of the UUPA.

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2018)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
November 2018
ISBN
978-94-6252-609-9
ISSN
2352-5398
DOI
10.2991/icblt-18.2018.10How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

risenwbib
TY  - CONF
AU  - Made Wiryani
AU  - I Wayan Kartika Jaya Utama
PY  - 2018/11
DA  - 2018/11
TI  - Land Rights Ownership by Foreign Citizens through Nominee Agreement in Tourism Investment in Bali
BT  - Proceedings of the International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2018)
PB  - Atlantis Press
SP  - 41
EP  - 44
SN  - 2352-5398
UR  - https://doi.org/10.2991/icblt-18.2018.10
DO  - 10.2991/icblt-18.2018.10
ID  - Wiryani2018/11
ER  -