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STRATEGIC ROLE OF LAND RIGHTS FOR BUSINESS WORLD BASED ON NATIONAL AGRARIAN LAW



Land is one of the natural resources as a gift from God, and hence it should be
used by the State for the welfare of the people to the utmost. Land rights may be granted to
both individuals and private legal persons. The problem currently faced is how the balance
of land titles between private sector (investors) and public or individual interests is kept
and controllable. This is a constitutional mandate the implementation of which may be
conducted by the State through State’s control right of lands. By such State’s control right,
government may issue legal instruments to regulate the utilizations and uses of lands, to
decide the control and ownership of land titles (rights), and to control their implementation
in the field, so as to avoid inequality in land titles and ownerships. Provisions on land titles
are contained in Article 2 paragraph 2 of UUPA (Agrarian Law).
The method used in the present research was a juridical-normative method with statutory,
historic, and legal politics approaches. From the results of analysis and discussion it could
be concluded that a regulation of balanced land titles and ownerships should be conducted,
in order to achieve the goal of creating prosperity for the whole people. In the meantime,
land rights play a crucial role in business world, particularly in direct investment where
lands for investment are fundamental and hence legal certainty of land right ownership is
required. Moreover, the procedures of gaining a land right on seashore land depend largely
on whether the seashore land has had a certificate in the name of individual or it belongs
to an ulayat land (community land) or arisen land. If a land is owned by individual, the
right of the land may be transferred by sale; if it is owned by a legal person then its transfer
has to be made by a waiving agency; and if it belongs to an ulayat land then it may be
transferred by proposing an application to the government for which the holders of ulayat
right shall receive some compensation. Meanwhile, if a seashore land is an arisen land, the
claimant may propose an application to State by paying some revenue to State. Any of the
land rights can be granted if they are in conformity with the regency/municipality layout
and in compliance with applicable legislations.


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Statement of Responsibility
Description
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Publisher I J A B E R : .,
Language
Indonesia
ISBN/ISSN
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Content Type
Journal Articles

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