Legal Implications Of Granting Ownership Rights Of Apartment Units Built On Right-To-Build Title To Foreign Nationals
Year: 2025
Type: article
Abstract: This research aims to juridically examine the granting of ownership rights to apartment units built on leasehold rights to foreign nationals residing in Indonesia, based on Indonesian national law. This phenomenon is regulated under Law No. 11 of 2020 concerning Job Creation and Government Regulation No. 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration, which allows foreign nationals to hold ownership rights to apartment units built on land with leasehold rights. The research highlights regulatory conflicts between the Job Creation Law and Law concerning Basic Agrarian Principles, as well as Law No. 20 of 2011 concerning Apartments, particularly regarding the principles of nationality and legal fairness for Indonesian citizens. This research employs a normative juridical method using statutory and analytical approaches. Data were obtained from primary and secondary legal materials through literature studies. The findings indicate that granting such ownership rights potentially violates the principle of nationality as stipulated in Article 33, paragraph (3) of the 1945 Constitution and the principle of prioritising natural resources for the prosperity of the Indonesian people. Furthermore, potential negative impacts include unequal competition between Indonesian citizens and foreign nationals to access housing. The study also found inconsistent implementation of regulations, likely to affect national stability and sovereignty, particularly in the management of land and housing assets. This research recommends revising the laws and regulations concerned to ensure alignment with the principles of justice, legal certainty, and legal utility, and to protect Indonesian citizens in the context of land and housing ownership.
Source: Indonesia Law Reform Journal
Institution: University of Brawijaya
Language: English
Topic: Legal Studies and Policies
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4414829076
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