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VOL. 11, ISSUE 1 (2025)
Validity of the time period policy for building use rights in the capital city of Nusantara
Authors
Laila Rahmawati Maghfurin, Lego Karjoko, Abdul Kadir Jaelani
Abstract
The Validity of the Building Use Rights Time
Policy in the New Capital City of Nusantara Indonesia has decided to relocate
its capital city to the island of Kalimantan, naming the region Ibu Kota
Nusantara (IKN). The development of this new capital entails addressing
numerous aspects, one of which is the economic dimension. To stimulate economic
growth in this context, Government Regulation No. 12 of 2023 was introduced,
with one of its articles regulating the duration of Building Use Rights (Hak
Guna Bangunan or HGB), allowing these rights to be held for up to 160 years.
This provision raises normative conflicts with Law No. 5 of 1960 on Basic
Agrarian Principles. This study aims to analyze the legal validity of building
use rights in Ibu Kota Nusantara and propose a fair model for regulating the
duration of such rights. The research adopts a normative legal methodology,
utilizing primary and secondary legal sources. The findings of this study
reveal that Government Regulation No. 12 of 2023, when examined under Lon
Fuller's legal system theory, lacks validity because it does not satisfy the eight
principles of legality. According to these principles, regulations must be
clear and comprehensible, must not conflict with other laws, and must not be
frequently amended. Furthermore, the ideal regulatory model for the duration of
Building Use Rights should align with the values of Pancasila (Indonesia’s
foundational philosophical framework) and consider the rights of citizens. This
alignment is essential to achieving the objectives of agrarian law
administration, which emphasizes the optimal utilization of land, water, and
natural resources for the benefit of society at large.
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Pages:49-53
How to cite this article:
Laila Rahmawati Maghfurin, Lego Karjoko, Abdul Kadir Jaelani "Validity of the time period policy for building use rights in the capital city of Nusantara". International Journal of Law, Vol 11, Issue 1, 2025, Pages 49-53
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