Disharmony of Foreign Citizens' Ownership Rights on Flat Units According to Law Number 11 of 2020 Concerning Job Creation

Abstract

Public needs related to residents are increasing due to increasing population growth. However, the available land as a place to live is increasingly limited, giving rise to a multi-storey building business called flats which is useful in reducing and making land use more effective. Utilization of land isn’t only for Indonesian citizens but also foreigners, according to the Basic Agrarian Law, foreigners can only have the status of Use Rights in ownership of flats, while in the Job Creation Law it is possible to have ownership rights with Building Rights, resulting in overlapping rules and potential legal uncertainty for foreigners. Therefore, the government needs to provide an explanation regarding the implementation or revision procedure, especially in the ownership of flats. The study was conducted to describe the concept of ownership rights for foreigners in Indonesia and the disharmony of land ownership for foreigners in Indonesia according to the Job Creation Law, Agrarian Law and other related regulations, through qualitative research methods, namely normative juridical with a statute approach and a conceptual approach.