Proceedings of the First International Conference on Technology Management and Tourism, ICTMT, 19 August, Kuala Lumpur, Malaysia

Research Article

Criminal Law Protection Of Indonesian Citizens Whose Name Is Used Nominally By Foreigners

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  • @INPROCEEDINGS{10.4108/eai.19-8-2019.2293737,
        author={Simon  Nahak},
        title={Criminal Law Protection Of Indonesian Citizens Whose Name Is Used Nominally By Foreigners},
        proceedings={Proceedings of the First International Conference on Technology Management and Tourism, ICTMT, 19 August, Kuala Lumpur, Malaysia},
        publisher={EAI},
        proceedings_a={ICTMT},
        year={2020},
        month={5},
        keywords={criminal; foreign nationals; nominee; protection},
        doi={10.4108/eai.19-8-2019.2293737}
    }
    
  • Simon Nahak
    Year: 2020
    Criminal Law Protection Of Indonesian Citizens Whose Name Is Used Nominally By Foreigners
    ICTMT
    EAI
    DOI: 10.4108/eai.19-8-2019.2293737
Simon Nahak1,*
  • 1: Universitas Warmadewa, Bali-Denpasar
*Contact email: info@warmadewa.ac.id

Abstract

The control of land rights by foreign countries has no definite arrangement, but in its implementation, many foreign nationals control the land through nominee agreements. Therefore, the aims of the study are to describe the legal protection which given to Indonesian citizens (foreign citizens) nominally by foreigners and the consequences of criminal law arising for foreigners who use Foreign Citizens (Indonesian Citizens) for land ownership. This study uses normative research methods, which is the existence of empty norms in the control of land rights by foreigners. The approach used were statutory approach and Conceptual approach. Because Foreign Citizens cannot be subject to Property Rights, with more open opportunities for Foreign Citizens to live in Indonesia due to their duties/jobs and other indirect legal actions can be categorized as acts of legal smuggling including; Master Agreement consisting of Land Ownership Agreement (Land Agreement) and Power of Attorney; Option Agreement; Lease Agreement; Testament Grants; Statement of Heirs. Criminal consequences arising for foreigners who use Foreign Citizens Nominees (Indonesian Citizens) for land ownership, if reviewed from the making of deeds made by Notaries and parties, there is a criminal act of falsifying a letter made by Indonesian Citizens originating from the Agreement Nominees, falsification of authentic certificates violates Article 263 of the Criminal Code; Article 264 of the Criminal Code.