Juridical Preview of Foreign Land Ownership in Indonesia Under Governmant Regulation No. 18 of 2021 On Management Rights, Land Rights, Apartement Units, and Land Registration

This study aims to analyze the implications of Government Regulation No. 18 of 2021 on
Management Rights, Land Rights, Apartment Units, and Land Registration concerning foreign nationals
and to examine the legal certainty of foreign land ownership under the Investment Law (PMA) and the
Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). The study highlights
inconsistencies in the regulation regarding foreign land ownership, revealing ambiguities in the
substantive provisions of Government Regulation No. 18 of 2021. Several articles in this regulation
conflict vertically with the Job Creation Law and the Basic Agrarian Law. Consequently, for legal
certainty, the government must evaluate and restructure the relevant provisions. Despite strict
restrictions on foreign land ownership, certain legal loopholes enable foreigners to acquire land rights
through specific agreements. This research employs a normative juridical methodology. Government
Regulation No. 18 of 2021 allows foreigners to obtain land rights under the status of Right to Build (Hak
Guna Bangunan – HGB), provided they hold a residence permit in Indonesia. Additionally, the Ministry
of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) plays a crucial role in
ensuring the administrative processes related to land ownership and use by foreign nationals and
foreign investment companies comply with legal provisions.

Keywords: Right to Build (HGB), Foreign Ownership, Land.