International Journal of Judicial Law  |  ISSN: 2583-6536  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

Current Issues
     2026:5/5

International Journal of Judicial Law

ISSN: (Print) | 2583-6536 (Online) | Impact Factor: 8.09 | Open Access

The Legality of Nominee Deeds in Mixed-Nationality Marriages

Full Text (PDF)

Open Access - Free to Download

Download Full Article (PDF)

Abstract

The purchase of land by Indonesian citizens and foreign nationals in mixed-nationality marriages often gives rise to legal issues due to restrictions on foreign nationals’ ownership of land under Article 21 paragraph (1) of the Basic Agrarian Law (UUPA). This situation has contributed to the development of nominee deeds as an arrangement through which foreign nationals obtain beneficial control over land by using the name of an Indonesian citizen as the formal holder of the land title. This study aims to analyze the use of nominee deeds in land purchases involving mixed-nationality marriages and to examine how justice can be achieved for the parties involved in such legal relationships. The legal materials are analyzed qualitatively with reference to the Indonesian Civil Code, the Basic Agrarian Law (UUPA), the Marriage Law, the Amendment to the Law on the Office of Notary (UUJN), Constitutional Court Decision Number 69/PUU-XIII/2015, as well as relevant legal doctrines and court decisions. The findings show that the emergence of nominee deeds results from the interaction between the principle of freedom of contract and the nationality principle under Indonesian agrarian law. In practice, such arrangements have developed as a means of circumventing the legal prohibition on foreign nationals owning land under the Right of Ownership (Hak Milik). Justice for the parties should be achieved proportionately by protecting the rights of Indonesian citizens as lawful holders of land ownership rights while also safeguarding the economic interests of foreign nationals through mechanisms recognized under civil law, without disregarding the provisions of the Basic Agrarian Law. A prenuptial or postnuptial agreement may serve as a preventive legal instrument that provides greater legal certainty and reduces the use of nominee deeds in mixed-nationality marriages.

How to Cite This Article

Made Carmenita Arcana, I Wayan Novy Purwanto (2026). The Legality of Nominee Deeds in Mixed-Nationality Marriages . International Journal of Judicial Law (IJJL), 5(5), 25-32. DOI: https://doi.org/10.54660/IJJL.2026.5.5.25-32

Share This Article: