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

Nahak, Simon (2020) Criminal Law Protection Of Indonesian Citizens Whose Name Is Used Nominally By Foreigners. In: ICTMT 2019, 19 August 2019, Kuala Lumpur, Malaysia.

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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.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: criminal; foreign nationals; nominee; protection
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 09 Apr 2021 06:09
Last Modified: 09 Apr 2021 06:09

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