Nominee Agreements in the Sale and Purchase of Proprietary Land by Foreign Citizens (Analysis of the Supreme Court Decision Number 50PK / PDT / 2016)

Abstract

This study examines the legal power of nominee agreements and the basis of judge consideration in deciding and adjudicating cases related to nominee agreements. The research method used is normative legal research method. The approach used is a statutory approach, a conceptual approach and a case approach. The results of the study obtained that, the first is that the nominee agreement has no legal force because it does not meet the validity of an agreement contained in Article 1320 of the Civil Code (KUHPerdata) and break the Article 1335 and Article 1337 of the Civil Code (KUHPerdata). Second, the panel of judges decides and adjudicates the case is not in accordance with the principle of legal certainty because the judge does not provide a basis for consideration in accordance with the applicable law, namely the UUPA. The panel of judges acknowledged and confirmed that the nominee agreement was made between the husband of the Petitioner for Reconsideration and the Respondent for Reconsideration, so that in this decision the judge won the Petitioner for Reconsideration who was a foreign citizen.

Keywords: Nominee Agreement, Foreign Citizen, Land Rights Control.

DOI: 10.7176/JLPG/112-09

Publication date:August 31^st 2021