Monograph The Impact of Political Policy of The Land Law On The Ownership of Land by Foreign Citizens in Indonesia Case Study in Bali
Author : Dr. Nia Kurniati, S.H., M.H.
Reviewer :
- Prof. Dr. Hj. Efa Laela Fakhriah, S.H., M.H.
- Prof. Dr. Tarsisius Murwadji, S.H., M.H.
Editor : Dr. Hj. Yani Pujiwati, S.H., M.H.
Monograph The Impact of Political Policy of The Land Law
This booklet is a monograph of teaching material on Agrarian Law and Housing and Settlement Law in the Undergraduate Study Program at the Faculty of Law, Padjadjaran University (Unpad). As a monograph, this book is written based on the rules of writing a monograph book determined by the Directorate of Higher Education, Ministry of Education and Culture. This book examines the provisions of Article 21 paragraph (1) of Law No.5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA), which states that “Only Indonesian Citizens can have Property Rights” and Article 21 paragraph (3) states: “Foreigners who, after the enactment of this Law, obtain property rights due to inheritance without a will or a mixture of assets due to marriage, likewise Indonesian citizens who have ownership rights and after the entry into force of these Laws lose their citizenship and are obliged to relinquish those rights within one year. That is, since the acquisition of that right or the loss of citizenship. If after that period the title is released, the right is void because the law and the land fall on the State …”An interesting legal fact is that violations of the “prohibition provisions” by foreign nationals control/own property rights using nominee agreements. This book tries to explain the emergence of legal problems, both at the level of law as a normative phenomenon and at the level of law as a social phenomenon; and try to describe legal alternatives, for foreigners who intend to have a place to live or want to have certain land rights that are protected by law and given legal certainty in the frame of national agrarian law without having to violate the law.
Nia Kurniati, born in Bandung on June 2, 1960, Completed her undergraduate study at the Faculty of Law, Padjadjaran University (1985), Masters in Law (1999); and Doctor of Law Education at the Postgraduate Program in Padjadjaran University. She has been serving as a teacher staff at the Faculty of Law, Padjadjaran University, since 1986, and fostered courses in Agrarian Law, Housing Law and Settlement Areas. Aside from being a teacher, she currently serves as the Head of the Department of Environmental, Spatial and Agrarian Law (2018). Various writings have been published including, Monograph on Agrarian Law; Land Rights Disputes, Causes and Settlements Based on Indonesian Positive Law (Logoz Publishing, 2016), and Agrarian Law; Land Disputes; Settlement through Arbitration in Theory and Practice (Refika Aditama 2016). Off campus activities, becoming an “Expert Witness” at the Trial at the District Court and the State Administrative Court, provide expert information regarding legal cases concerning land disputes.