Analysis of Causal Factors and Impact of Legal Uncertainty on Building Rights from Management Rights

Legal uncertainty faced by holders of Building Rights (HGB) derived from Land Management Rights (HPL) in Indonesia is a pressing issue that creates difficulties in maintaining and changing the status of their rights, negatively impacting their welfare and the overall land system, which this study aims to examine and address. This study uses normative legal research methods with legislative, conceptual, comparative, and case approaches. Data were collected through literature studies and analyzed qualitatively and descriptively by considering interdisciplinary aspects. Factors that cause legal uncertainty include lack of legal protection, regulatory uncertainty, ineffective legal implementation, and reliance on third parties. This impacts the difficulty of maintaining HGB, the limitation of changing rights status, and implications for people's welfare. The findings indicate the need for legal reform, increased transparency, and strengthening institutional capacity. The implications of the findings encourage the improvement of a more fair, efficient, and legal system for HGB holders. This research is important to identify the root cause of the problem and formulate recommendations for improving the soil system. Further research suggestions include comparative empirical, interdisciplinary, and action research to implement solutions.

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Publication Details

Journal
Jurnal Dinamika Hukum
Published
2024-08-26
DOI
https://doi.org/10.20884/1.jdh.2024.24.2.4783
Primary Topic
Regional Development and Environment
Type
article
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article

Analysis of Causal Factors and Impact of Legal Uncertainty on Building Rights from Management Rights

Iwan Permadi
Jurnal Dinamika Hukum
Regional Development and Environment
article

Analysis of Causal Factors and Impact of Legal Uncertainty on Building Rights from Management Rights

Iwan Permadi
article en

Abstract

Legal uncertainty faced by holders of Building Rights (HGB) derived from Land Management Rights (HPL) in Indonesia is a pressing issue that creates difficulties in maintaining and changing the status of their rights, negatively impacting their welfare and the overall land system, which this study aims to examine and address. This study uses normative legal research methods with legislative, conceptual, comparative, and case approaches. Data were collected through literature studies and analyzed qualitatively and descriptively by considering interdisciplinary aspects. Factors that cause legal uncertainty include lack of legal protection, regulatory uncertainty, ineffective legal implementation, and reliance on third parties. This impacts the difficulty of maintaining HGB, the limitation of changing rights status, and implications for people's welfare. The findings indicate the need for legal reform, increased transparency, and strengthening institutional capacity. The implications of the findings encourage the improvement of a more fair, efficient, and legal system for HGB holders. This research is important to identify the root cause of the problem and formulate recommendations for improving the soil system. Further research suggestions include comparative empirical, interdisciplinary, and action research to implement solutions.

Jurnal Dinamika HukumVol. 24(2)
University of Brawijaya (ID)
Openalex Percentile: Top 78%
Regional Development and Environment
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