| dc.description.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. | en_US |
