Notary's Liability In Nominee Agreements For Land Ownership By Foreign Nationals Qualified As Unlawful Acts (Tort) Case Study Of Supreme Court Decision Number 1208 Pk/Pdt/2022

Abstract

The validity of nominee agreements in land ownership by foreign nationals and the notary's liability for related deeds are examined through an analysis of Supreme Court Decision Number 1208 PK/Pdt/2022. Employing a normative legal research method with descriptive-analytical approach through statutory and case approaches, this study finds that nominee agreements are invalid as they violate the nationality principle enshrined in Article 9 paragraph (1) and Article 21 paragraph (1) of the Basic Agrarian Law (UUPA). The notary's liability does not arise automatically merely due to disputes over the documents executed. The Supreme Court affirmed that there was no udicial error in the Denpasar High Court's decision and upheld the validity of Sale and Purchase Deeds (AJB) Number 491/2014 and 497/2014, as they were lawfully executed before an authorized PPAT (Land Deed Official) with Indonesian national buyers who were legally entitled to hold Right of Ownership (Hak Milik).