ADEQUATE LEGAL ARRANGEMENTS FOR PROVIDING CERTAINTY, JUSTICE AND LEGAL BENEFITS FOR HOLDERS OF BUILDING USE RIGHTS CERTIFICATES ON LAND MANAGEMENT RIGHTS
In this study, the authors raised this issue against the background of the existence of an incomplete norm vertically and horizontally in the agrarian law system, especially regarding legal protection for former building use rights holders whose validity period has ended. Vertically, it can be seen...
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| Format: | Article |
| Language: | English |
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iVolga Press
2022-08-01
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| Series: | Russian Journal of Agricultural and Socio-Economic Sciences |
| Subjects: | |
| Online Access: | http://rjoas.com/issue-2022-08/article_04.pdf |
| _version_ | 1827837493352857600 |
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| author | Kirnasari H.M. Negara T.A.S. Widagdo S. Permadi I. |
| author_facet | Kirnasari H.M. Negara T.A.S. Widagdo S. Permadi I. |
| author_sort | Kirnasari H.M. |
| collection | DOAJ |
| description | In this study, the authors raised this issue against the background of the existence of an incomplete norm vertically and horizontally in the agrarian law system, especially regarding legal protection for former building use rights holders whose validity period has ended. Vertically, it can be seen in the absence of the Basic Agrarian Law in the consideration of Government Regulation Number 18 of 2021 and only including the Law on Job Creation which has the potential to result in non-compliance with the provisions in the articles of Government Regulation Number 18 of 2021 with the provisions of the Basic Agrarian Law as the juridical basis for the regulation of agrarian law that is still valid in Indonesia. In addition, horizontally, what can be seen is the provisions of Article 102 and Article 103 of Government Regulation Number 18 of 2021 which contradict the implementation of Government Regulation Number 40 of 1996. Based on this explanation, the focus of this research examines how adequate legal arrangements are to be able to provide certainty, justice and legal benefits for the holder of the certificate of Building Use Rights on the Land of Management Rights. This research is a normative legal research using a statutory approach, the data used are primary data and secondary data which are analyzed using quantitative analysis. The results of the research are that adequate legal arrangements to be able to provide certainty, justice and legal benefits for holders of Building Use Rights certificates need to be developed within the framework of the presence of the Basic Agrarian Law, the Job Creation Law and their derivatives which regulate land as part of the state's vision to guarantee general welfare including through increased investment opportunities. The concept of an operational regulation can be seen in the provisions relating to the extension of the validity period in which the Right to Build on the Right of Management, after the land is used and/or utilized in accordance with the purpose of granting the right, may be granted an extension and renewal of rights as regulated in article 129 paragraph (3) Job Creation Act. |
| first_indexed | 2024-03-12T06:44:34Z |
| format | Article |
| id | doaj.art-d385eaaa58154abfaee9be4e5504bc93 |
| institution | Directory Open Access Journal |
| issn | 2226-1184 |
| language | English |
| last_indexed | 2024-03-12T06:44:34Z |
| publishDate | 2022-08-01 |
| publisher | iVolga Press |
| record_format | Article |
| series | Russian Journal of Agricultural and Socio-Economic Sciences |
| spelling | doaj.art-d385eaaa58154abfaee9be4e5504bc932023-09-03T00:46:02ZengiVolga PressRussian Journal of Agricultural and Socio-Economic Sciences2226-11842022-08-0112881927ADEQUATE LEGAL ARRANGEMENTS FOR PROVIDING CERTAINTY, JUSTICE AND LEGAL BENEFITS FOR HOLDERS OF BUILDING USE RIGHTS CERTIFICATES ON LAND MANAGEMENT RIGHTSKirnasari H.M.0Negara T.A.S.1Widagdo S.2Permadi I.3Faculty of Law, University of BrawijayaFaculty of Law, University of BrawijayaFaculty of Law, University of BrawijayaFaculty of Law, University of BrawijayaIn this study, the authors raised this issue against the background of the existence of an incomplete norm vertically and horizontally in the agrarian law system, especially regarding legal protection for former building use rights holders whose validity period has ended. Vertically, it can be seen in the absence of the Basic Agrarian Law in the consideration of Government Regulation Number 18 of 2021 and only including the Law on Job Creation which has the potential to result in non-compliance with the provisions in the articles of Government Regulation Number 18 of 2021 with the provisions of the Basic Agrarian Law as the juridical basis for the regulation of agrarian law that is still valid in Indonesia. In addition, horizontally, what can be seen is the provisions of Article 102 and Article 103 of Government Regulation Number 18 of 2021 which contradict the implementation of Government Regulation Number 40 of 1996. Based on this explanation, the focus of this research examines how adequate legal arrangements are to be able to provide certainty, justice and legal benefits for the holder of the certificate of Building Use Rights on the Land of Management Rights. This research is a normative legal research using a statutory approach, the data used are primary data and secondary data which are analyzed using quantitative analysis. The results of the research are that adequate legal arrangements to be able to provide certainty, justice and legal benefits for holders of Building Use Rights certificates need to be developed within the framework of the presence of the Basic Agrarian Law, the Job Creation Law and their derivatives which regulate land as part of the state's vision to guarantee general welfare including through increased investment opportunities. The concept of an operational regulation can be seen in the provisions relating to the extension of the validity period in which the Right to Build on the Right of Management, after the land is used and/or utilized in accordance with the purpose of granting the right, may be granted an extension and renewal of rights as regulated in article 129 paragraph (3) Job Creation Act.http://rjoas.com/issue-2022-08/article_04.pdflegal regulationlegal certaintyjusticelegal benefitsbuilding use rights |
| spellingShingle | Kirnasari H.M. Negara T.A.S. Widagdo S. Permadi I. ADEQUATE LEGAL ARRANGEMENTS FOR PROVIDING CERTAINTY, JUSTICE AND LEGAL BENEFITS FOR HOLDERS OF BUILDING USE RIGHTS CERTIFICATES ON LAND MANAGEMENT RIGHTS Russian Journal of Agricultural and Socio-Economic Sciences legal regulation legal certainty justice legal benefits building use rights |
| title | ADEQUATE LEGAL ARRANGEMENTS FOR PROVIDING CERTAINTY, JUSTICE AND LEGAL BENEFITS FOR HOLDERS OF BUILDING USE RIGHTS CERTIFICATES ON LAND MANAGEMENT RIGHTS |
| title_full | ADEQUATE LEGAL ARRANGEMENTS FOR PROVIDING CERTAINTY, JUSTICE AND LEGAL BENEFITS FOR HOLDERS OF BUILDING USE RIGHTS CERTIFICATES ON LAND MANAGEMENT RIGHTS |
| title_fullStr | ADEQUATE LEGAL ARRANGEMENTS FOR PROVIDING CERTAINTY, JUSTICE AND LEGAL BENEFITS FOR HOLDERS OF BUILDING USE RIGHTS CERTIFICATES ON LAND MANAGEMENT RIGHTS |
| title_full_unstemmed | ADEQUATE LEGAL ARRANGEMENTS FOR PROVIDING CERTAINTY, JUSTICE AND LEGAL BENEFITS FOR HOLDERS OF BUILDING USE RIGHTS CERTIFICATES ON LAND MANAGEMENT RIGHTS |
| title_short | ADEQUATE LEGAL ARRANGEMENTS FOR PROVIDING CERTAINTY, JUSTICE AND LEGAL BENEFITS FOR HOLDERS OF BUILDING USE RIGHTS CERTIFICATES ON LAND MANAGEMENT RIGHTS |
| title_sort | adequate legal arrangements for providing certainty justice and legal benefits for holders of building use rights certificates on land management rights |
| topic | legal regulation legal certainty justice legal benefits building use rights |
| url | http://rjoas.com/issue-2022-08/article_04.pdf |
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