Harmonization of Granting Land Rights for Investment in Land-Law Perspectives in Indonesia

¹ Universitas Muhammadiyah Malang, Malang, Indonesia
² Universitas Muhammadiyah Malang, Malang, Indonesia
³ Universitas Muhammadiyah Malang, Malang, Indonesia
⁴ Universitas Muhammadiyah Malang, Malang, Indonesia

^* Corresponding author: fwiryani2016@gmail.com

Abstract

The government has a central and strategic role in economic development based on democratic principles aimed at creating a just and prosperous society as mandated by the Constitution. This paper examines the arrangement of land rights (LR) for investment Activities in Indonesia in the perspective of land Act. This study uses a doctrinal juridical approach. The type of data is secondary data sourced from primary legal materials and secondary legal materials. Data collection is carried out using literature and documents both physically and electronically. The data obtained is then analyzed using content analysis and prescriptive analysis. The findings show that the time period for granting land rights from various investment regulations is arranged inconsistently. The root of the problem of inconsistency is the violation of hierarchical principles in the regulation of the timeframe of CR, BR and UR in Act 5 of 1960 with GR 40 of 1996 which is used as the basis for the regulation of the granting of land for investment. As a result, the application of the principle of lex specialis derogate legi generali in granting land in accordance with the principle of legal certainty is contrary to the principles of justice and benefit. So it is necessary to harmonize the Act, by making changes to GR 40 of 1996 and Act 25 of 2007 to be adjusted to the provisions of the period of land rights stipulated in Act 5 of 1960 which is an umbrella Act in the field of land.