Pustaka Ilmiah Universitas Padjadjaran

Abstrak

The Impact Of Political Policy Of The Land Law On The Ownership Of Land By Foreign Citizens In Indonesia – Case Studies In Bali

The political policy on the land law in Indonesia has a great tendency to rely on the provisions in the Indonesian Act No. 5 year of 1960 concerning the Basic Agrarian Law (hereinafter referred to as the UUPA). These provisions regulate legal connections between the people and the land, either for Indonesian or foreign citizens, along with their conduct in correlation with the land. The nationality principle underlying such correlations, giving an entitlement of the right to own land under the provision “right of ownership” (hak milik) only relates to Indonesian citizens, whereas for foreign citizens there is “right to use properties” (hak pakai). Nonetheless, there are numerous cases of unauthorised use of land by foreign citizens through illegal agreements. As a result, the agreements in concern are null and void, thus the land should be owned by the state.