Proceedings of the 1st Warmadewa Research and Development Seminar (WARDS),30 October 2018, Denpasar-Bali, Indonesia

Research Article

Agreement of Land Control by Foreign Citizens with Indonesian Citizens that are Potential for Disposal

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  • @INPROCEEDINGS{10.4108/eai.30-10-2018.2281451,
        author={Styawati Ni Komang Arini and Sumardika I Nyoman and Widyantara I Made Minggu},
        title={Agreement of Land Control by Foreign Citizens with Indonesian Citizens that are Potential for Disposal},
        proceedings={Proceedings of the 1st Warmadewa Research and Development Seminar (WARDS),30 October 2018, Denpasar-Bali, Indonesia},
        publisher={EAI},
        proceedings_a={WARDS},
        year={2019},
        month={2},
        keywords={land tenure foreign citizens},
        doi={10.4108/eai.30-10-2018.2281451}
    }
    
  • Styawati Ni Komang Arini
    Sumardika I Nyoman
    Widyantara I Made Minggu
    Year: 2019
    Agreement of Land Control by Foreign Citizens with Indonesian Citizens that are Potential for Disposal
    WARDS
    EAI
    DOI: 10.4108/eai.30-10-2018.2281451
Styawati Ni Komang Arini1,*, Sumardika I Nyoman1, Widyantara I Made Minggu1
  • 1: Universitas Warmadewa
*Contact email: arinistyawati@gmail.com

Abstract

This study examines the problem of the form of agreement made by foreigners with Indonesian citizens as an instrument to exercise control of land rights in the face of the inheritance and forms of land ownership by foreigners who have the potential to cause disputes. The results showed that the agreements made by foreigners with Indonesian citizens to control the land before a notary in the form of deeds: Rent Land Leasing, Preliminary Agreement Provision of HGB for Ownership Land, Power of Attorney, HGB Renewal Agreement on Ownership Land, Preliminary Agreement on Land Use Rights Property Rights, Renewal Agreement for Right to Use on Ownership Rights, Recognition of Debt with Guarantees, Statement and Authorization, Power of Use and Establishment of Building, Renting Power of Attorney, Granting of Mortgage Rights, Selling Authorization, Power of Attorney, and Extension of Leasing. The form of land tenure by foreigners that has the potential to cause disputes is the occurrence of pseudo ownership with the character of "Ownership Rights Plus" because foreigners can control land more than the nature of property rights, which is immune from the law and not abolished due to the social function of the land