Legal Limitations and Supervision of Land Rights by Foreign Nationals in the Context of Agrarian Sovereignty

Abstract

Land rights management by foreign nationals (WNA) is a strategic issue in the context of Indonesia's agrarian sovereignty. The Basic Agrarian Law (UUPA) No. 5 of 1960 and related regulations limit the rights of foreign nationals to only use rights and lease rights, with the aim of protecting land as a strategic resource for the nation. However, in practice, various legal loopholes and weak supervision allow violations to occur, such as legal smuggling through the use of third parties (nominees). This study aims to analyze the legal limitations on land rights by foreign nationals, the supervision mechanisms carried out by the government, and the challenges faced in their implementation. This study uses a juridical-normative method with a descriptive-analytical approach. Data were obtained through a literature study of applicable regulations, such as the UUPA and Government Regulation No. 18 of 2021, as well as an analysis of cases of legal violations related to land ownership by foreign nationals. The results of the study show that although regulations have been designed to limit the rights of foreign nationals, there are still weaknesses in the supervision system, such as the lack of digitalization of land registration, weak coordination between agencies, and pressure from parties who prioritize foreign investment. This study recommends strengthening the monitoring system through digitizing land data, increasing human resource capacity in the Ministry of ATR/BPN, and harmonizing cross-sector policies. With these steps, it is hoped that agrarian sovereignty can continue to be maintained without sacrificing economic opportunities from foreign investment.