CRIMINAL LAW PROTECTION ON INDONESIAN COUNTRIES OF HIS NAME USED BY NOMINEE BY FOREIGN PEOPLE
Artika
Magister of Law, Universitas Warmadewa
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, so that the problem arises is how is the legal protection given to Indonesian citizens (foreign citizens) nominally by foreigners? and What are the consequences of criminal law arising for foreigners who use Foreign Citizens (WNI) for land ownership ?. This writing uses normative research methods, namely the existence of empty norms in the control of land rights by foreigners. Criminal law protection granted to Indonesian citizens (foreign nationals) nominee by a Foreigner, namely direct legal action that can transfer ownership rights to land to foreigners including; buy and sell ; exchange ; Rental Rights, and Right to Use. 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 (Landa Agreement) and Power of Attorney; Option Agreement; Lease Agreement; Testament Grants; Statement of Heirs. Criminal consequences arising for foreigners who use Foreign Citizens Nominees (WNI) 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. The forms of forgery of the letter, according to Soesilo, were carried out by giving false information in the making of Notary deeds as if making a truth of the incident. the purpose of avoiding a certain condition or consequence that is desired or to realize or create a desired legal effect.
Keywords: Protection; criminal; Foreign nationals; Nominee
Topic: Law in tourism