Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Land and Apartments for Foreigners in Indonesia (Critical Study of the Enactment of pp 18 of 2021)

Author(s): I Made PriaDharsana, I NyomanPutuBudiartha

 The development of globalization is a necessity. With advances in transportation and communication technology, the mobilization of people and goods is so fast and increasingly cheaper. Competition between countries to attract investment to their countries cannot be denied with conveniences and competitiveness. The process of changing licensing regulations that hinders a conducive investment climate and has global competitiveness that hinders trimming and simplification, including in Indonesia. The administration of President JokoWidodo and Vice President Ma’ruf Amin, prior to the administration of President JokoWidodo Vice President Jusuf Kala has announced an increase in the convenience for investors to invest their capital. Many obstacles and obstacles are caused by the number of laws and regulations, both from the central government to the regions. Take care of the licensing process for the establishment of a company until then land acquisition for direct investment, and production can take months or even years. This is why not many foreign investors, both individuals and foreign legal entities, want to come and invest in Indonesia. This is what then underlies the Jokowi administration to cut the complicated licensing process and make it difficult for direct investment to enter Indonesia. And because of that the second period of  Jokowi’s government launched the Omnibus Law which cut several articles of the Law and other legislation to be ratified by the House of Representatives, and we know that in the midst of the outbreak of the Covid-19 pandemic, and the demonstrations that were so rife on the Omnibus Law Bill, even so, the DPR successfully passed Law Number 11 of 2020 concerning Work Creation. However, it should be noted that there are problems ranging from overlaps to violations that are considered to occur in the principle of citizen nationalism against the Dualism of Land Law UUPA and Land in the substance of the contents of the Omnibus law Article so that the author is interested in further examining the legal issues related to this research and Normative approach method.


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