| Summary: | Research on the nominee agreement in the ownership of land by foreigner
in Bali (a case study in Badung District) aims to determine the legal impact
toward nominee agreement when the nominee is not known their existences and
the form of settlement when dispute arise between the parties bound by a nominee
agreement.
This research is an empirical-juridical approach research that is based on
field research, and to complete data obtained from field research, library research
is conducted. Data that are obtained from both library research and field research
will be analyzed with descriptive-qualitative method, the method of data analysis
by classifying and selecting the data obtained from field research according to the
quality and veracity, connected with theories derived from literature study, so the
answer of the problems posed is obtained.
The research result shows that the Right of Use shall be deemed less
profitable for the foreigners so that the implementation of various regulations on
the Right of Use in Bali especially in Badung District do not run well, so they use
nominee agreement in the ownership of land in Bali.With the agreement nominee,
the foreigners just borrow the identity of an Indonesian citizen who lives in Bali to
include his name in a certificate of land and foreign citizens considered that the
agreement is far more practical and beneficial to both parties. Technically, the
author analyze several problems that will arise if the land is transferred while the
nominee dies, disappears, or unknown his address. But, these problems have been
anticipated by the foreigner concerned by making an nominee agreement, which is
agreed as follows: 1. The statement that the land was purchased with money from
foreign accounts and nominee is only borrowed his name to be used in the name
of the certificate. Any costs arising from the purchase of the land is borne by
foreigners (such as tax expenses /, building permits). 2. An a rent agreement is
created between the foreigner and the nominee without the limit of the time and
with the engineered rent�s fee, so as if it is legal and not against the rules. 3.
absolute power of attorney is made from the Indonesian citizen (nominee) to
foreigners who may sell and lease it to anyone and such power of attorney can not
be revoked anymore. 4. The nominee agreement is binding on all heirs of both
parties between foreigners and nominee.
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