KAJIAN YURIDIS KEPEMILIKAN WARGA NEGARA ASING TERHADAP HAK ATAS TANAH YANG DIPEROLEH DARI HARTA BERSAMA

Abstract

This study discusses the fairness aspects of foreign citizen ownership of land rights in
Indonesia originating from shared assets. The problem being studied is that there is a
prohibition for foreigners to own certain land rights in Indonesia which today needs to
be studied due to considerations of ease of investment for the national economy. The
formulation of the problem given by the author is whether foreign ownership of land
rights in Indonesia originating from joint property is coherent with the principle of
justice and how is the just arrangement of foreign citizen ownership of land rights in
Indonesia originating from joint property. The research method used is normative
juridical using statutory and conceptual approaches. The results of this study are that
the prohibition for foreign nationals to have certain land rights in Indonesia is no
longer in accordance with the development of community needs and a fair arrangement
for land ownership for foreign nationals originating from joint property is to provide
regulations with special terms and conditions as long as the foreigner provides benefits
for the growth of the national economy as an investor.