Making of Grant Deeds by Land Deed Officials Based on Nominee Agreement in the Legal Certainty’s Perspective

The prohibition on absentee or guntai land ownership in society has given rise to practices to circumvent regulations regarding absentee or guntai land ownership, one of the methods used when residents want to purchase land with absentee status is by using a Grant with a Nominee Agreement (nominee). The legal vacuum related to the Nominee Agreement on land ownership in Indonesia has given rise to many cases in the land sector, one of which is the Grant based on the Name Agreement. There are three approaches used in this study, namely: the statutory approach, used to examine the legal rules relating to the Grant Deed made based on the Nominee Agreement; the conceptual approach, used to answer problems regarding the Grant Deed made based on the Nominee Agreement; and the case approach, which is used to find legal certainty for the Grant Deed by Land Deed Officials based on the existence of a Nominee Agreement.

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Publication Details

Journal
Veteran Law Review
Published
2024-11-27
DOI
https://doi.org/10.35586/velrev.v7i2.9570
Primary Topic
Legal Studies and Policies
Type
article
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article

Making of Grant Deeds by Land Deed Officials Based on Nominee Agreement in the Legal Certainty’s Perspective

Lanny Kusumawati, Azizahtul Himma
1 links
Veteran Law Review
Legal Studies and Policies
article

Making of Grant Deeds by Land Deed Officials Based on Nominee Agreement in the Legal Certainty’s Perspective

Lanny Kusumawati, Azizahtul Himma
article en

Abstract

The prohibition on absentee or guntai land ownership in society has given rise to practices to circumvent regulations regarding absentee or guntai land ownership, one of the methods used when residents want to purchase land with absentee status is by using a Grant with a Nominee Agreement (nominee). The legal vacuum related to the Nominee Agreement on land ownership in Indonesia has given rise to many cases in the land sector, one of which is the Grant based on the Name Agreement. There are three approaches used in this study, namely: the statutory approach, used to examine the legal rules relating to the Grant Deed made based on the Nominee Agreement; the conceptual approach, used to answer problems regarding the Grant Deed made based on the Nominee Agreement; and the case approach, which is used to find legal certainty for the Grant Deed by Land Deed Officials based on the existence of a Nominee Agreement.

Veteran Law ReviewVol. 7(2)
University of Surabaya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 60%
Legal Studies and Policies
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Making of Grant Deeds by Land Deed Officials Based on Nominee Agreement in the Legal Certainty’s Perspective — Lanny Kusumawati, Azizahtul Himma · Veteran Law Review (2024) | TGRS Research Map | TGRS