Hwian Christianto
Universitas Surabaya, Surabaya, Indonesia

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SIFAT SUI GENERIS PERJANJIAN PEMANFAATAN TANAH INDUSTRI ATAS TANAH HAK PENGELOLAAN BADAN USAHA MILIK NEGARA Arif Budi Santoso; Hwian Christianto
Collegium Studiosum Journal Vol. 9 No. 1 (2026): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v9i1.2330

Abstract

This article examines the juridical character of Industrial Land Utilization Agreements (Perjanjian Pemanfaatan Tanah Industri/PPTI) that give rise to Building Use Rights (Hak Guna Bangunan/HGB) over Management Rights (Hak Pengelolaan/HPL) held by State-Owned Enterprises (BUMN) managing industrial estates. The central problem lies in the legal classification of PPTI, which is often understood in practice as either a sale and purchase transaction or a lease agreement. Using normative legal research with statutory, conceptual, limited case-based, and comparative approaches, this article analyzes the relationship between state control over land, HPL authority, contractual obligations, HGB as a land right, and legal certainty. The findings show that PPTI cannot be reduced to a conventional sale and purchase because HPL is not transferred to investors. It also cannot be treated as a pure lease because PPTI becomes the basis for the issuance of HGB, which has administrative and proprietary effects and may serve as collateral under certain legal requirements. Therefore, PPTI is more appropriately qualified as a sui generis agreement: a special contractual construction that combines public authority, private contractual relations, land administration, and property-law consequences. This classification contributes to legal certainty by clarifying the position of BUMN as HPL holders, investors as HGB holders, creditors as security holders, and public authorities in interpreting industrial land utilization consistently.
Transparency in Educational Institutions as the Key to Successfully Addressing Sexual Violence Crimes in Higher Education Aprilia Hana Pratiwi; Hwian Christianto; Tiara Prameswari
Journal of Law, Politic and Humanities Vol. 6 No. 5 (2026): Journal of Law, Politic and Humanities (JLPH)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i5.3325

Abstract

Sexual Violence is considered a disgrace for Education Units. Protective steps to protect the good name of educational units are also carried out in various ways so that they make cases of sexual violence unresolved and tend to experience repeated. Normative juridical research methods review the regulation of legal provisions in Law No. 12 of 2022 concerning Criminal Acts of Sexual Violence and Permendikbud 30/2021 on the one hand is associated with Higher Education policies on the other hand showing the inconsistency of Universities when handling cases of sexual violence. Research shows that universities that cover up sexual violence actually show inconsistencies in handling sexual violence. Ironically, efforts to cover up disgrace actually make the trust of the academic community and the community disappear to universities. Acts of sexual violence raise important legal issues, the importance of learning human dignity and dignity is not an object of sexual satisfaction.