LEGAL CONSTRUCTION OF PROPERTY OWNERSHIP FOR FOREIGNERS IN INDONESIA

Abstract

The growth of the community has resulted in the increasing need for property. Asean
Economic Community (AEC) has been agreed by Indonesia. One of AEC implications is
giving an access to foreigners to reside in Indonesia and to own a property under the Right of
Use category. The time duration of the right of use granted to foreigners does not represent a
justice value or a profit gain. The Right of Use for a very long time leads to uncertainty and
injustice. This research answers a question on how the government policy in resolving a
conflict between the grantor of right and the recipient of right and the government. The
research uses a normative juridical method with a qualitative analysis. The finding suggests
that the Indonesian government has provided an access to foreigners to own a property under
the right to use category, but the Indonesian government does not regulate a technical
regulation on the taxes and the terms of the right of use, the requirements and changes of the
right of use.