SMUGGLING OF LAW ON LIMITATION OF LAND OWNERSHIP RIGHTS BY FOREIGNERS IN INDONESIA

Land rights are fundamental rights and cannot be simply removed, which authorize the right holder a series of powers, obligations and prohibitions to use or take benefits from the land. Based on Article 26 point 2 of the UUPA, other acts intended to directly or indirectly transfer the Rights of Ownership to foreigners are prohibited, due to Rights of Ownership are belong to Indonesian Citizens under the UUPA. However, the enactment of the UUPA still provides opportunities for foreigners to own land in Indonesia with Rights of Use and Leasehold Rights. By imposing limits on land rights for foreigners, this absence has the potential for foreigners to lead to the smuggling of law. The research aims to analyze the limitation of land rights for foreigners and the legal consequence of smuggling of law by foreigners in using Indonesian citizens as nominees to support the motive for controlling the land. The research method that author used is normative legal research. The results of this research show the smuggling of law through nominee agreement or using Indonesia names are null and void and the land belongs to the State.