Building Use Rights Extension Arrangements above Management Rights in Law National Agraria
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 01
Abstract
Land with building use rights over management rights used for public purposes often gives rise to legal problems because the provisions of Article 35 Basic Agrarian Law (BAL) in conjunction with Article 40 of Government Regulation 18/2021 paragraph (2) can be processed subjectively or have multiple interpretations. The formulation of the problem in this research is: What is the authority of the Management Rights holder to refuse the extension of Building Use Rights because the land is used for public purposes in terms of the principle of justice?; This research uses a type of normative legal research. The theories used to analyze the problem are: Justice theory, Authority theory, Legal Protection theory. Sources of legal materials include primary legal materials, secondary legal materials and tertiary legal materials. The approaches used are: Statute Approach, Case Approach, Conceptual Approach and Analytical Approach. Methods of analysis with interpretation: grammatical, systematic, sociological. The results of the analysis concluded: Firstly, the Surabaya City Government, in the realm of public law, has the authority to reject the extension of Limited Liability Company Building Use Rights Maspion because the land is used for public purposes, in the realm of private law when carrying out land use agreements, there is a procedurally unequal position of the subject which is not in line with the principle of justice "justice as fairness". Second, preventive legal protection, the parties agree that after the end of the period for granting Building Use Rights, the land will be returned to the control of the First Party and the building will remain the property of the Second Party, in this case the Second Party will prioritize the decision to extend the Building Use Rights. Repressive legal protection is carried out through litigation, by filing a lawsuit with the State Administrative Court. In Decree Number 65 PK/TUN/2020 that Limited Liability Company Maspion has the right to obtain an extension of Building Use Rights.
Authors and Affiliations
I Ketut Suardika, I Made Suwitra, I Ketut Kasta Arya Wijaya
Keywords
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- EP ID EP727072
- DOI 10.47191/ijsshr/v7-i01-34
- Views 57
- Downloads 0
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