Journal of Public Administration, Finance and Law (Apr 2021)
LEGAL REVIEW OF MANAGEMENT RIGHTS IN THE CREATIVE WORK LAW (LAND CLUSTER)
Abstract
This paper will explain related land policies, among others, manifested through the concept of granting Management Rights (HPL) with a term of 90 Years in the Cipta Kerja Law wth the aim of attracting forein investors who are expected to have an impact on the resilience and state land in the form land monopoly. the question is whether the Management Right is the right to control the state over land or land rights. this is because managemen rights are not stated in the Basic Agrarian Law, but are mentioned in management. and we must understand that HPL does not have a legal basis that’s is in accordance with the hierarchy of laws and regulations is also in substance contrary to the main procedural objectives of the basic regulations. As a result, long before the Omnibuslaw was born HPL caused a lot of controversion and many problems in practice. As a result, long before the Omnibuslaw was born, HPL Caused a lot of controversy and problems in practice. Many cases due to HPL, occur everywhere. the existence of HPL must be addressed, especially in the legal system, given the right legal basis, or eliminated altogether. so that framework of regulatory structures can be created that is truly harmonized with good rules as a basic philosophical foundation as the basis for a comprehensive arrangement. so that it can align the objectives not only to advance the economic aspect of investment but also to reduce the gap and direct distribution of land use and management through an institutional called the Land Bank.
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