LEGAL CERTAINTY OF NOMINEE AGREEMENTS RELATING TO TRANSFER OF LAND RIGHTS BASED ON THE PRINCIPLE OF FREEDOM OF CONTRACT

Abstract

Agreement the No legitimate if happen Because coercion , error or fraud . As stated in Article 1321 of the Civil Code which states if inside​ agreement there is error , coercion or fraud , then means inside​ agreement That happen disabled will and because That agreement the can cancelled . Form mastery on land Apart from the Right to Use, there are indications of smuggling law , because at the time This is a foreigner who invests in field land Still some use nominees , so position the law become weak . The type of research used in research This is with use method approach legal normative . Study This covering study about provision law positive that applies in Indonesia which is related Legal Certainty of Nominee Agreements Related to Transfer of Land Rights based on principle freedom contract .

Research Results that is Agreement borrow Name is agreement that is not known in system Indonesian law in general general and civil code in a way special based on decision panel of judges with Number 82/PDT.G/2013/PN.DPS Agreement sell buy land with the nominee agreement the judge stated cancelled . Position agreement nominee that is No existence rule so that result in emptiness law that results in law that is not clear.