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All Journal Journal Indonesia Law and Policy Review (JILPR)
Hapit Sugandi
Universitas Mpu Tantular
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL PROTECTION FOR COMPANIES HOLDING CERTIFICATES OF CULTIVATION RIGHTS Hapit Sugandi; Muh. Amin Saleh; Hotman Sinambela; Appe Hutauruk
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2026): Journal Indonesia Law and Policy Review (JILPR), October 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

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Abstract

The legal vulnerabilities faced by holders of Land Use Rights (HGU) certificates, particularly those related to the phenomenon of land occupation by third parties and administrative obstacles in renewing rights, have the potential to harm the investment climate. This study aims to analyze legal protection efforts for companies holding HGU certificates based on Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA) and examine legal certainty in the process of extending HGU certificates to ensure investment sustainability. The research method used is normative legal research with a statutory approach and a case approach through an analysis of Case Decision Number 90/Pdt.G/2024/PN Kis. HGU certificates provide preventive legal protection as a strong means of evidence, but in practice, repressive protection still faces obstacles in execution and judges’ interpretation of the social function of land. Legal certainty in HGU extensions is a crucial pillar for the sustainability of corporate investment, where the state is obliged to guarantee the stability of land ownership for rights holders who have fulfilled their constitutional obligations. This study recommends the need for synchronization of land regulations to simplify the bureaucracy of land use rights renewal in order to minimize agrarian disputes in the future.
Co-Authors Appe Hutauruk Hotman Sinambela Muhammad Amin Saleh Al-Habsy