Konflik Hukum Perdata Internasional dalam Kepemilikan Tanah oleh WNA di Indonesia: Studi atas Lex Rei Sitae dan Public Order

Indonesia is a unitary state comprised of thousands of islands and vast seas. Land is a vital asset for both the people and the state; therefore, its control, use, and preservation must be regulated fairly to prevent misuse, particularly by foreign parties. This study focuses on the extent to which the limitations on land ownership by foreign nationals (FNs), as established by national law, can be effectively applied in cases occurring beyond Indonesia's jurisdiction.The aim of this research is to examine how the principle of lex rei sitae, the doctrine of cross-border inheritance law, and the concept of ordre public in Indonesian law interact with one another in order to formulate legal policies that uphold agrarian justice and national sovereignty, while also adapting to global changes. The findings of this study reveal that the principles of lex rei sitae and ordre public serve not merely as grounds for legal rejection, but as fundamental pillars in shaping land ownership policies for foreign nationals based on fairness, proportionality, and sustainability. By implementing a legal system that is firm, consistent, yet flexible, Indonesia is able to safeguard its national sovereignty while also fostering international trust as a rule-of-law state capable of facing global challenges without losing its national identity.

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Publication Details

Journal
JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORA
Published
2025-06-07
DOI
https://doi.org/10.55606/jurrish.v4i2.5311
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Konflik Hukum Perdata Internasional dalam Kepemilikan Tanah oleh WNA di Indonesia: Studi atas Lex Rei Sitae dan Public Order

Lucky Dafira Nugroho, S. Handayani, Desak Andini Parameswari
JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORA
Legal Studies and Policies
article

Konflik Hukum Perdata Internasional dalam Kepemilikan Tanah oleh WNA di Indonesia: Studi atas Lex Rei Sitae dan Public Order

Lucky Dafira Nugroho, S. Handayani, Desak Andini Parameswari
article en

Abstract

Indonesia is a unitary state comprised of thousands of islands and vast seas. Land is a vital asset for both the people and the state; therefore, its control, use, and preservation must be regulated fairly to prevent misuse, particularly by foreign parties. This study focuses on the extent to which the limitations on land ownership by foreign nationals (FNs), as established by national law, can be effectively applied in cases occurring beyond Indonesia's jurisdiction.The aim of this research is to examine how the principle of lex rei sitae, the doctrine of cross-border inheritance law, and the concept of ordre public in Indonesian law interact with one another in order to formulate legal policies that uphold agrarian justice and national sovereignty, while also adapting to global changes. The findings of this study reveal that the principles of lex rei sitae and ordre public serve not merely as grounds for legal rejection, but as fundamental pillars in shaping land ownership policies for foreign nationals based on fairness, proportionality, and sustainability. By implementing a legal system that is firm, consistent, yet flexible, Indonesia is able to safeguard its national sovereignty while also fostering international trust as a rule-of-law state capable of facing global challenges without losing its national identity.

JURNAL RISET RUMPUN ILMU SOSIAL POLITIK DAN HUMANIORAVol. 4(2)
Universitas Trunodjoyo Madura (ID)
Openalex Percentile: Top 67%
Legal Studies and Policies
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