Land of Building Rights Title On Management Rights In The Indonesian Land Law System And The Perspective of Islamic Law Administration

Abstract

Background -  In Indonesian Legal System, Building Rights Title (HGB) on Management Rights (HPL) still has many problems starting from the many cases that occurred such as one of them is the Sultan Hotel dispute case or the land dispute case between PT. Roda Kencana Mendiri against the General Port Company II Tanjung Priok (now PT. (Persero) Pelabuhan Indonesia II Tanjung Priok Branch) and PT. Maju Terus Jaya and many other cases. Purpose – The purpose of this research is to analyze the legal politics of the extension of HGB on HPL land in the Indonesian Law system, as well as to see how the extension of HGB on HPL land in the Islamic perspective or Islamic Law administration. Design/methodology/approach – This research uses normative juridical reasearch methods supported by simple empirical juridical studies. The approach used in this legal research is first a statutory approach and conceptual approach. This research uses literature study. Findings – The results of the research conducted found that the legal politics of the extension of HGB on HPL land in the Indonesian legal system has not been well regulated, the fact of disharmonization between laws and regulations such as related to the time of enactment of HGB on HPL land as referred to in Article 29 paragraph (3) No. 27 of 2014 is contrary to UUPA Article 35 which ultimately makes legal uncertainty and low justice and there is also disharmony between other regulations related to land. The presence of the Job Creation Law and derivative regulations in the agrarian sector has not supported agrarian reform and can actually exacerbate agrarian conflicts. Furthermore, in the Islamic perspective or from the administration of Islamic Law, the extension of HGB on HPL land is a muamalah practice that is very possible to do, this can be based on the principle of its usefulness in it. The connection between the two is that both in the national legal system and in the Islamic perspective carry the principle of the usefulness of the land itself where in the national agrarian law UUPA it is explained that land management must realize the incarnation of the principle of Belief in the one and only God. Research limitations– Penelitian ini dibatasi pada sudut pandang hokum positif dan hokum islam saja, kedepan dianggap perlu juga mencari tau hokum pertanahan terkait HGB diatas HLP dalam sudut pandang hukum hokum ada di Indonesia, mengingat hokum adat juga menjadi sumber hokum bagi hokum di Indonesia. Originality/value – This research is limited to the point of view of positive law and Islamic law only, in the future it is considered necessary to also find out land law related to HGB above HLP in the perspective of existing legal law in Indonesia, considering that customary law is also a source of law for law in Indonesia.