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VOL. 6, ISSUE 5 (2020)
Reconstruction of the regulation of legal protection for land rights holders in the process of granting industrial location permit in Indonesia based on justice value
Authors
Gunarto, Junaidi, Umar Ma’ruf
Abstract
The implementation of providing land for industrial purposes often gave disadvantages to former landowners because the compensation value is not commensurate. This encourages the author to conduct a study on the subject matter of what are the weaknesses of legal protection arrangements for land rights holders in the process of granting industrial location permits in Indonesia and how is the reconstruction based on the value of justice. This research type is descriptive-analytical, meaning that the results of this study attempt to provide a comprehensive, in-depth picture of a condition or symptoms being studied. The approach method used in this research is the empirical juridical approach method where the data analysis used in this research is qualitative data analysis. The results of the study indicate that the weakness as referred to is the supervision of the local government on the implementation of the land acquisition process and there is no direct government involvement in the land acquisition process and there is an overlap regarding competent institutions such as dispute resolution authority, namely between Presidential Decree No. 34 of 2003 concerning National Policy in the Field of Land and Presidential Regulation Number 10 of 2006 concerning the National Land Agency. To overcome this, it is necessary to reconstruct legal protection arrangements for land rights holders in granting location permits in industrial estates based on the values of justice regulated in Minister of agrarian and spatial planning Regulation (Permen ATR)/ Head of National's Land Office (BPN) Number 17 of 2019 concerning Location Permits in two articles, namely: Article 19 subsection (1) and Article 21 subsection (2). Article 19 subsection (1) where location Permit is granted for a period of 3 (three) years since the Location Permit becomes effective. The stipulation of the period of time reduces the value of justice for business actors and owners of land rights. Therefore, a location permit needs to be limited to a period of only 1 (one) year after the location permit becomes effective.
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Pages:405-410
How to cite this article:
Gunarto, Junaidi, Umar Ma’ruf "Reconstruction of the regulation of legal protection for land rights holders in the process of granting industrial location permit in Indonesia based on justice value". International Journal of Law, Vol 6, Issue 5, 2020, Pages 405-410
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