Abstract:
The regulation of land ownership rights by foreign nationals is a strategic issue in agrarian law because it directly relates to
state sovereignty and foreign investment interests. This study aims to analyze legal regulations regarding limited land ownership
rights for foreign nationals under agrarian law in Indonesia and Thailand, and to examine similarities and differences in these
regulations in both legal systems. This research uses a normative legal research method with statutory and comparative legal
approaches. The data consists of secondary data, including primary, secondary, and tertiary legal materials, collected through
literature studies and analyzed qualitatively in a normative manner. The results show that Indonesia explicitly prohibits foreign
nationals from owning freehold land based on the nationality principle in the Basic Agrarian Law, but provides limited access through
use rights and lease rights regulated in the latest implementing regulations. Thailand also prohibits land ownership by foreigners under
the Thailand Land Code but opens limited exceptions through investment mechanisms and long-term leases with strict administrative
oversight. The similarity in both countries lies in the goal of protecting national land sovereignty, whereas the difference lies in the
legal approach: Indonesia emphasizes restrictions based on the type of land rights, while Thailand focuses on restrictions based on
legal subjects and investment policy. The study concludes that limited land ownership for foreign nationals in both Indonesia and
Thailand represents a balance between national interests and economic development needs, but requires strengthening of oversight
and policy consistency to ensure legal certainty.
