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Journal : Era Hukum: Jurnal Ilmiah Ilmu Hukum

EFEKTIVITAS PASAL 27 PERATURAN PEMERINTAH NOMOR 40 TAHUN 1996 TENTANG HAK GUNA USAHA, HAK GUNA BANGUNAN DAN HAK PAKAI ATAS TANAH DALAM PERSOALAN PERPANJANGAN MASA BERLAKU HAK GUNA BANGUNAN Carrin Finerly; Mella Ismelina F.R.
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11151

Abstract

Holders of land in the form of Building Rights Title may be owned by Indonesian Citizens and legal entities established under Indonesian law and domiciled in Indonesia. The Term of Use of Building Rights Title is granted for the first time for 30 years and may extend to a maximum of 20 years. The extension of the Building Rights set forth in Art 27 paragraph (1) of Government Regulation Number 40 Year 1996 on the Right of Exploitation, the Right of Building and the Right of Use of Land/PP 40/1996 may be filed by the rights holder no later than 2 years before the expiry of the Building Rights Period and in Art 41 of Regulation of State Minister for Agrarian Affairs/Head of the National Land Affairs Agency Number 9 Year 1999 on Procedure for Granting and Nullifying Right to State Land and Management Right may be filed within a period of 2 years prior to the expiry of the Building Rights period. According to lex superior derogate the inferiori principle the application for extension of Building Rights should be made in accordance with Art 27 paragraph (1) of PP 40/1996. Type of research is empirical legal research with data collection techniques by literature study and interviews to the Land Office in Central Jakarta. The conclusion of this paper is that holders of Building Rights whenever can extend their rights and no consequences made to whom filed extensions over the time limit in Art 27 paragraph (1) PP 40/1996.
PELAKSANAAN PELEPASAN HAK ATAS TANAH ADAT SUKU WORIASI DI KABUPATEN KEPULAUAN YAPEN PROVINSI PAPUA SEBAGAI SYARAT PEMBERIAN HAK GUNA BANGUNAN PADA BADAN HUKUM PT. SINAR WIJAYA PLYWOOD INDUSTRIES DALAM KONTEKS KEPASTIAN HUKUM Rizki Hirmanto; Mella Ismelina F.R.
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 2 (2021): Jurnal Era Hukum Volume 19 No.2 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i2.12183

Abstract

  Land registration is regulated by the Basic Agrarian Law Article 29 (UUPA) also Government Regulation Number 24 of 1997 about land registration that has a purpose to give guarantee of legal certainty of land. Alongs with the use of Indonesia land increasingly to remote areas, the businessmen that need land as the business facility such as PT. Sinar Wijaya Plywood Industries did a request of Building Right to the land that was occupied by the community of Woriasi tribe. How the application procedure of the customary land Woriasi tribe relinquishment as the grants of Building Right to legal agency that is PT. Sinar Wijaya Plywood Industries already gives the legal certainty.The data collected from the field was analyzed descriptively qualitative where the primer and secondary data. The conclusion from the customary land Woriasi tribe relinquishment happened before between custom society with legal agency was agreed because discussion and fulfilment of the application of regulatory requirements Building Right. The state that holds the highest power could regulate the use of land also could be considered the aspects of the proposal that delivered and could be responsible by the applicant so appointed Decree of the Ministry of Agrarian and Spatial Planning / Head of the National Land Agency Number 34 / HGB / KEM / ATR / BPN / VI / 2019 is legality of the process of Building Right application.