A COMPARATIVE STUDY OF THE LEGAL REGULATION OF LIMITED LAND OWNERSHIP RIGHTS BY FOREIGN NATIONALS UNDER INDONESIAN AND THAI LAW

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.