The Validity of the Policy on the Term of Building Use Rights in the Capital City of Nusantara

DOI

10.2991/978-2-38476-315-3_97How to use a DOI?

Keywords

Building Use Rights; Capital City of Nusantara; The Validity

Abstract

Indonesia, as an agrarian country, places great importance on land as a crucial resource for national development and social unity. However, the recent implementation of Government Regulation Number 12 of 2023 regarding building use rights (HGB) in the capital city of Nusantara has sparked debates. This is mainly due to the extension of land use rights beyond the 30-year maximum stipulated in the Basic Agrarian Law (UUPA), allowing for extensions up to 80 years. This research delves into the legal norms, such as the UUPA, while considering social, economic, and international dimensions. The analysis uses deductive reasoning and legal interpretation methods to examine the government’s regulatory power and its conformity with established legislation. The findings reveal that Government Regulation Number 12 of 2023 presents inconsistencies with the Basic Agrarian Law, raising concerns about its legality and implications for land use in the Nusantara Capital. A just model for regulating the HGB duration is proposed, emphasizing social justice, economic balance, legal certainty, and transparency, alongside a rights-based approach that respects community rights and participation. In conclusion, the policy’s validity is contingent upon aligning with legal frameworks, social objectives, and sustainable development practices, ensuring that the interests of all stakeholders are thoroughly considered.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Laila Rahmawati Maghfurin
AU  - Lego Karjoko
AU  - Abdul Kadir Jaelani
PY  - 2024
DA  - 2024/12/24
TI  - The Validity of the Policy on the Term of Building Use Rights in the Capital City of Nusantara
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 708
EP  - 712
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_97
DO  - 10.2991/978-2-38476-315-3_97
ID  - Maghfurin2024
ER  -