[ABSTRAK
Propinsi Bali merupakan wilayah Indonesia yang jumlah wisatawan yang datangke kian mengingkat setiap tahunnya. Hal ini menyebabkan banyak orang baik warganegara Indonesia dan orang asing tertarik untuk tinggal atau membuka usaha di Bali.Undang-Undang Pokok Agraria menyatakan bahwa hanya warga negara Indonesia yangberhak untuk memiliki tanah. Sementara itu, orang asing diberi hak untuk menempatilahan di Indonesia dengan hak pakai dan hak sewa atas bangunan. Tetapi padakenyataannya banyak orang asing menggunakan perjanjian pinjam nama untukmenempati lahan di Bali dalam jangka waktu yang mereka inginkan. Perjanjian sewamenyewa digunakan sebagai upaya untuk menutupi keberadaan perjanjian dapat dianggapsebagai perjanjian pinjam nama sehingga perjanjian sewa menyewa merupakan suatuupaya penyelundupan hukum. Penelitian ini menggunakan metode yuridis normatif,untuk memperoleh data yang dikehendaki penelitian ini dengan melakukan telaah bahanpustaka atau data sekunder. Hasil analisis menunjukkan bahwa rangkaian perjanjianpinjam nama antara lain surat pernyataan, perjanjian sewa menyewa, surat kuasamengelola, surat kuasa menjual dan perjanjian perpanjangan sewa. Pada saat orang asingdatang kepada notaris untuk dibuatkan akta otentik sebaiknya notaris lebih teliti danseksama sehingga apabila terdapat indikasi pembuatan akta otentik dapat menyalahiaturan hukum maka notaris dapat memberi penyuluhan hukum. Dalam menjalankannyajabatannya seorang notaris itu harus bertindak amanah, jujur dan seksama karena notariswajib menjaga kepercayaan masyarakat dan negara dengan baik.
ABSTRACT
Bali Province is a major area of Indonesia tourism so that the number of touristswho come to Bali is increasingly every year. This leads to a lot of people both Indonesiancitizens and foreigners keen to stay or open a business in Bali. Basic Agrarian Law statesthat only Indonesian citizens who have the right to own land. Meanwhile, foreigners weregiven the right to occupy land in Indonesia with the right to use and leases on buildings.But in fact many foreigners use nominee agreement and loan agreement to occupy land inBali in the time period they want. The content of Indonesian citizen who appointed to bea nominee states that the true owner of the land is the foreigner because the money sheused for the purchase of land was belongs to the foreigner. Lease agreement is used as anattempt to cover up the existence of the agreement can be considered as a loan agreementso that the name of the lease agreement is a legal smuggling attempt. This study usesnormative juridical, to obtain the desired data of this study by conducting research librarymaterials or secondary data. The analysis showed that a series of loan agreements includea statement of the name, lease agreement, power of attorney to manage, power of attorneyto sell and lease extension agreement. By the time a foreigner came to the notary for thenotary should be made authentic act more carefully and thoroughly so that if there areindications of an authentic deed may violate the rule of law, the notary can provide legalcounseling. A notary should act trustworthy, honest and thorough, as notaries are requiredto maintain public confidence and the country well.;Bali Province is a major area of Indonesia tourism so that the number of touristswho come to Bali is increasingly every year. This leads to a lot of people both Indonesiancitizens and foreigners keen to stay or open a business in Bali. Basic Agrarian Law statesthat only Indonesian citizens who have the right to own land. Meanwhile, foreigners weregiven the right to occupy land in Indonesia with the right to use and leases on buildings.But in fact many foreigners use nominee agreement and loan agreement to occupy land inBali in the time period they want. The content of Indonesian citizen who appointed to bea nominee states that the true owner of the land is the foreigner because the money sheused for the purchase of land was belongs to the foreigner. Lease agreement is used as anattempt to cover up the existence of the agreement can be considered as a loan agreementso that the name of the lease agreement is a legal smuggling attempt. This study usesnormative juridical, to obtain the desired data of this study by conducting research librarymaterials or secondary data. The analysis showed that a series of loan agreements includea statement of the name, lease agreement, power of attorney to manage, power of attorneyto sell and lease extension agreement. By the time a foreigner came to the notary for thenotary should be made authentic act more carefully and thoroughly so that if there areindications of an authentic deed may violate the rule of law, the notary can provide legalcounseling. A notary should act trustworthy, honest and thorough, as notaries are requiredto maintain public confidence and the country well.;Bali Province is a major area of Indonesia tourism so that the number of touristswho come to Bali is increasingly every year. This leads to a lot of people both Indonesiancitizens and foreigners keen to stay or open a business in Bali. Basic Agrarian Law statesthat only Indonesian citizens who have the right to own land. Meanwhile, foreigners weregiven the right to occupy land in Indonesia with the right to use and leases on buildings.But in fact many foreigners use nominee agreement and loan agreement to occupy land inBali in the time period they want. The content of Indonesian citizen who appointed to bea nominee states that the true owner of the land is the foreigner because the money sheused for the purchase of land was belongs to the foreigner. Lease agreement is used as anattempt to cover up the existence of the agreement can be considered as a loan agreementso that the name of the lease agreement is a legal smuggling attempt. This study usesnormative juridical, to obtain the desired data of this study by conducting research librarymaterials or secondary data. The analysis showed that a series of loan agreements includea statement of the name, lease agreement, power of attorney to manage, power of attorneyto sell and lease extension agreement. By the time a foreigner came to the notary for thenotary should be made authentic act more carefully and thoroughly so that if there areindications of an authentic deed may violate the rule of law, the notary can provide legalcounseling. A notary should act trustworthy, honest and thorough, as notaries are requiredto maintain public confidence and the country well., Bali Province is a major area of Indonesia tourism so that the number of touristswho come to Bali is increasingly every year. This leads to a lot of people both Indonesiancitizens and foreigners keen to stay or open a business in Bali. Basic Agrarian Law statesthat only Indonesian citizens who have the right to own land. Meanwhile, foreigners weregiven the right to occupy land in Indonesia with the right to use and leases on buildings.But in fact many foreigners use nominee agreement and loan agreement to occupy land inBali in the time period they want. The content of Indonesian citizen who appointed to bea nominee states that the true owner of the land is the foreigner because the money sheused for the purchase of land was belongs to the foreigner. Lease agreement is used as anattempt to cover up the existence of the agreement can be considered as a loan agreementso that the name of the lease agreement is a legal smuggling attempt. This study usesnormative juridical, to obtain the desired data of this study by conducting research librarymaterials or secondary data. The analysis showed that a series of loan agreements includea statement of the name, lease agreement, power of attorney to manage, power of attorneyto sell and lease extension agreement. By the time a foreigner came to the notary for thenotary should be made authentic act more carefully and thoroughly so that if there areindications of an authentic deed may violate the rule of law, the notary can provide legalcounseling. A notary should act trustworthy, honest and thorough, as notaries are requiredto maintain public confidence and the country well.] |
T43069-Prasasti Budi Putri.pdf :: Unduh