Penerapan Asas Nasionalitas Dalam Regulasi Kepemilikan Rumah Tinggal Atau Hunian Bagi Orang Asing Di Indonesia
Abstract
The purpose of this study is to parse and analyze the mechanism of residence
or residence ownership for foreigners who are domiciled in Indonesia as
stated in Government Regulation Number 103 of 2015, as well as to examine
the application of the principle of nationality in regulations regarding
ownership of residential or residential homes for foreigners who are
domiciled in Indonesia. The research method used by the writer is normative
research, which means that this research departs from the background of
existing problems, then it is reviewed from the way of reviewing laws and
regulations, analyzing these laws and then linking them to the selected cases
according to the problems in this study. The author also takes a statutory
approach not just a mere product of political bargaining. Laws must reflect
the ideas behind them to achieve justice. Furthermore, the statutory
approach must be related to ratio legis, which simply means the reason why
there is such a provision and these provisions cannot be separated from the
ontological and philosophical basis which is born from the principles. The
legal analytical approach is to analyze legal problems with a legal definition,
legal principles, legal objectives, legal functions. The case approach, in
contrast to social research, this approach in normative research aims to study
the application of legal norms or rules that must be practiced in reality. The
principle of nationality is not an act of discrimination because in any case the
Indonesian nation must be the host in its own house and there is no need to
sacrifice national interests for the sake of other people or for foreign
investment. The juridical implication of disharmony granting usage rights for
foreigners in positive legal construction in Indonesia is legal uncertainty for
foreigners and contradicts the principles of establishing laws and regulations,
one of which adheres to the principle of conformity between types and
content of material which is an important matter. In the formation of a
statutory regulation, legal uncertainty and conflicting principles arise due to
inconsistencies in granting usufructuary terms and the dualism of the
extension and renewal of rights.
Collections
- Master of Law [1450]