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

Magister of Law, Postgraduate Program, Universitas Warmadewa, Denpasar, Indonesia


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 problem arises are how legal protection given to Indonesian citizens (foreign citizens) nominally by foreigners and what 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. Criminal law protection granted to Indonesian citizens (foreign nationals) nominally by a Foreigner that is direct legal action that can transfer ownership rights to land to foreigners including; sale and purchase; 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 (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.

Keywords: Protection; criminal; Foreign nationals; Nominee

Topic: Law in tourism

Link: https://ifory.id/abstract/ZK6pWrkFbnyj

Conference: 1st International Conference on Tourism, Management and Technology (ICTMT 2019)

Plain Format | Corresponding Author (Kadek Adi Indra Brata)

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