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Journal : Jurnal Hukum dan Pembangunan

TELAAH YURIDIS TERHADAP SURAT EDARAN KEMENTRIAN AGRARIA DAN TATA RUANG NO. 2/SE-HT.02.01/VI/2019 Adhim, Nur; Mahmudah, Siti; Benuf, Kornelius
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The Agraria Basic Law (UUPA) regulates that legal subjects for land rights, including land with HGB status (Right to Build), are Indonesian citizens and legal entities established under Indonesian law and domiciled in Indonesia. A different thing happened when a Circular from the Ministry of Agraria and Spatial Planning (ATR) was issued, stating that the Partnership Alliance (CV) could apply for land rights in the form of HGB. The difference in the substance of these rules will be analyzed using normative juridical writing methods, using secondary data. This paper will explain the legal status of CV in Indonesia, Arrangement of HGB acquisition in Indonesia so that later it will get a conclusion to answer the question of whether CV can have HGB in Indonesia.
KEBIJAKAN PENGHAPUSAN IZIN LINGKUNGAN DALAM RUU CIPTA KERJADAN DAMPAKNYATERHADAP PEMBANGUNAN BERKELANJUTANDI INDONESIA Benuf, Kornelius; Aritonang, Abram Robert; Simanjuntak, Supriardoyo
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The government is currently discussing about Jobs Creation Bill on the implementation of national development. The drafting of Jobs Creation Bill is carriedout by applying the omnibus law system. However, on the Bill there are numbers of irregularities such as the removal of environmental permits and replaced with environmental agreements. This raises legal issues because the changes of terminology onthe Bill have juridical implications for the implementations of sustainable developments in Indonesia. This legal issue will be researched further in this study. The method used is normative juridical with secondary data in the form of primary legal materials ofthe Jobs Creation Bill and secondary legal materials such as related literature. Result of the study concluded that the granting of environmental approval as a substitute for the permits to continue carry out environmental feasibility test to meet UKL-UPLstandards and PKPLH issuance. In addition, the central government can impose administrative penalty such as fines to entrepreneurs who do not have environmental agreement or who do not carry out their obligations.