KEKUATAN MENGIKAT PERJANJIAN NOMINEE DALAM PENGUASAAN HAK MILIK ATAS TANAH
ABSTACT: Nominee Agreement or
trustee is an agreement that use authority which is used the name of Indonesian
residents name and the Indonesian residents give power of attorney to the
foreigner to make them do an legal act towards their land. Nominee agreement
often called with representation or borrowed name,depend on the letter of
statement or power of attorney that made by both of the side, foreigner borrow
names from Indonesian to be written as the land’s owner on the certificate, but
then the Indonesian depend on the deed of declaration they have made ignore
that the real owner of the land and its authorization do or represented to that
foreigner. The validity and power of binding the nominee agreement is can’t be
separated from clause 1320 and clause 1338 KUH Perdata. If the nominee
agreement already notice ang fulfill the legitimate reguirement of the
agreement based on clause 1320 KUHPerdata and based on 1338 KUHPerdata, so that
nominee agreement already have the binding power to every sides. Based on the
principle of Pacta Sund Servanda, the agreement that is made by every sides,
include nominee agreement has a binding power such as law for them who have
made it.
Keywords: Binding Power,
Nominee Agreement, Authorization,Land Rights
Penulis: I Wayan Werasmana
Sancaya
Kode Jurnal: jphukumdd130080
