Discourse on Land Law Matters in the Framework of Granting the Status of Land Use Rights for Foreign Citizens in Indonesia

Abstract

The development of agrarian law in Indonesia has experienced a significant shift due to the influence of globalisation with its free market that encourages borderless development between countries. However, the principle held in the Indonesian constitution affirms the ownership of the earth, water, land, and all below and above it is the power of the state, which is intended for welfare, but also takes into account the existence of various types of land rights. The phenomenon of foreign nationals who actually want to smuggle the law by trying to own property rights to land, as well as outsmart the right of use they have, of course, this triggers the urgency of this paper to specifically examine, analyse, and find the dynamics and problems of Land Law in the Framework of Granting the Status of Land Use Rights for Foreign Citizens in Indonesia. This paper is supported by normative juridical research methods with a statutory approach, legal concept approach, legal fact approach, and relevant case law approach. In this case, it is found that here needs to be clear and definite legal regulations in order to provide justice and legal protection for the fundamental rights of Indonesian citizens. In addition, it is necessary to establish a monitoring team by the government, especially related to the granting of the status of the Right to Use land for Foreign Citizens and the provision of strict sanctions, both criminally and civilly in the form of compensation if there is a violation of the utilization and use of the Right to Use land that is not in accordance with its designation to Foreign Citizens domiciled in Indonesia, this is in order to provide a deterrent effect to Foreign Citizens if proven to have violated the law.