LAND TENURE AS THE OBJECT OF INVESTMENT BY FOREIGNERS THROUGH MIXED MARRIAGE IN BALI
Dr. I Nyoman Sujana, SH., M.Hum

Warmadewa University

Abstract

This article analyses ^Land Tenure as an Investment Object by Foreigners Through Mixed Marriages in Bali. The focus of the study in this paper is on the legal aspects of land tenure by foreigners in Bali for the benefit of tourism businesses under the guise of mixed marriages. In analysing the legal issue, the author uses empirical legal research methods with a statutory approach, conceptual approach, sociological approach and case approach. Based on the theory of authority, the theory of expediency and the theory of legal protection as an analytical tool, it can be understood that the tourism business in Bali cannot be separated from the presence of foreigners. Likewise, the control of land in Bali is not free from the control of foreigners, either through legal investment or illegally by taking advantage of the loophole to undertake mixed marriages. Balinese people who have a unique culture with Hindu religious nuances in their daily life as well as in running a business in the tourism sector are always based on the ^Tri Hita Karana philosophy^ which is manifested in behavior that really maintains a harmonious relationship between ^Man and God^, Man and Nature, and ^Humans with other Humans^. It is in this philosophy that the principle of good faith in investing is reflected, so that the control of land for investment by foreigners is obligated to respect this very noble principle- but in empirical facts it turns out that the control of Balinese land by foreigners through mixed marriages is only a cover, in fact what happens is that there is bad faith to control Balinese land just for personal gain at the expense of the nature of Bali wrapped in mixed marriages

Keywords: land tenure, Investment, foreigners, mix married

Topic: Law and Land and Environment