ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP WARGA NEGARA INDONESIA NONPRIBUMI ATAS KEPEMILIKAN TANAH BERDASARKAN NOMINEE (STUDI KASUS PUTUSAN PENGADILAN NEGERI SLEMAN NOMOR 228/Pdt.G/2018/PN.Snm)

Abstract

Many Chinese descent non-native Indonesians in DIY look for ways to own land with freehold title using native Indonesian names from their employees  or drivers by nominee agreement, as in verdict case of Sleman District Court Number 228/Pdt.G/2018/PN.Smn. This study discusses how the legal protection for Non-native Indonesian toward land ownership in DIY is and how the judge’s consideration on land ownership nominee in DIY is. Method used is normative legal study method. Therefore, the conclusion for legal protection is non-native Indonesian could own land by proposing to DIY District Head as instructed in Instruction of DIY Head District Deputy PA.VIII/No.K.898/I/A 1975. Meanwhile, judge’s consideration on land ownership nominee in DIY is still not properly implemented since in the nominee agreement there is legal violation between the foreigner and the native Indonesian, not between both Indonesians: native and non-native Indonesian and there is no legal action performed (transfer of rights).