Penyeludupan Hukum Dalam Pembelian Tanah Hak Milik Oleh Warga Negara Asing Melalui Pinjam Nama (Putusan Pengadilan Negeri Gianyar Nomor 259/PDT.G/2020/PN.Gin)

Abstract

Legal evasion in the purchase of freehold land by foreign nationals through nominee agreements is examined in Gianyar District Court Decision No. 259/PDT.G/2020/PN.Gin. The widespread practice of nominee agreements among foreign nationals, particularly in Denpasar, has resulted in extensive foreign control over land in the region. This practice involves foreign nationals circumventing Indonesian land ownership regulations by using nominee agreements to obtain land ownership rights. This study seeks to address three key legal issues: (1) legal evasion through sale and purchase agreements notarized before a notary, as examined in Gianyar District Court Decision No. 259/PDT.G/2020/PN.Gin; (2) the notary's liability in facilitating land transactions or transfers of ownership to foreign nationals through nominee agreements; and (3) the legal consequences of nominee-based land transactions, as ruled in the case. This research employs a normative juridical approach with a descriptive-analytical method. Ihe study relies on secondary data comprising primary, secondary, and tertiary legal sources. Data collection was conducted through a literature review, and the data analysis was performed using qualitative analysis methods. The findings of this study indicate that, in Gianyar District Court Decision No. 259/PDT.G/2020/PN.Gin, the panel of judges ruled that the notarized nominee agreement was legally invalid as it contravened Indonesian law, rendering the contract null and void. This ruling reinforces the legal principle that foreign nationals cannot own land under freehold status (Hak Milik) in Indonesia and that nominee agreements cannot serve as a valid legal basis for ownership. Any contract that violates statutory provisions lacks legal force, in accordance with Article 1335 of the Indonesian Civil Code (KUHPerdata). In this case, the court ruled that the land ownership remained with the Indonesian citizen whose name was registered on the land certificate, despite the fact that the land was financially acquired by a foreign national.