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All Journal BORJUIS (JURNAL OF ECONOMY) Journal of Law and Nation
Cecep Suhardiman
Fakultas Hukum Universitas 17 Agustus 1945 Jakarta

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IMPLIKASI EKONOMI PERPANJANGAN HGU DAN HGB BAGI INVESTASI JANGKA PANJANG: STUDI LITERATUR TENTANG LEGALITAS DAN KEAMANAN BERUSAHA DI INDONESIA Cecep Suhardiman; Gunawan Widjaja; Khalimi Khalimi
BORJUIS: JURNAL OF ECONOMY Vol. 2 No. 4 (2025): AGUSTUS
Publisher : Adisam Publisher

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This study examines the economic implications of extending Land Use Rights (HGU) and Building Use Rights (HGB) on long-term investment in Indonesia through a literature review. The focus of the study is on the legality and security of doing business, which are crucial factors in creating legal certainty and a stable investment climate. The research method used is a literature review with sources such as legislation, scientific journals, and government reports. The results of the study indicate that the extension of HGU and HGB can increase the attractiveness of long-term investment by providing more stable land ownership guarantees and easier access to financing. However, challenges such as the potential for land monopolies, complex bureaucracy, and the risk of land conflicts and legal violations need to be addressed through management reforms that include digitalisation of services, simplification of procedures, and harmonisation of regulations. The success of these policies depends heavily on the synergy between legal certainty, good governance, and the protection of local community rights to support inclusive and sustainable economic development in Indonesia.
YURISPRUDENSI SEBAGAI SUMBER PEMBARUAN HUKUM DALAM SISTEM CIVIL LAW INDONESIA: KAJIAN PUSTAKA ATAS FUNGSI PENEMUAN HUKUM OLEH HAKIM Gunawan Widjaja; Cecep Suhardiman
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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This study discusses the role of jurisprudence as a source of legal reform in Indonesia's civil law system by examining the function of judicial discovery through a literature review. In practice, the limitations of written regulations often encourage judges to interpret and form new norms to fill gaps and adapt the law to societal developments. The process of legal discovery (rechtsvinding) produces decisions that not only resolve individual cases but also form jurisprudence that serves as a guideline for resolving similar cases in the future. This study emphasises that jurisprudence plays a significant role as a driver of national legal reform, although it remains within the framework and supremacy of legislation. Therefore, synergy between judicial discovery and formal legislation is essential to achieve an adaptive, responsive, and just legal system in Indonesia.
PERAN YURISPRUDENSI MAHKAMAH AGUNG DALAM MEMBENTUK KEPASTIAN HUKUM DAN KONSISTENSI PUTUSAN DI INDONESIA: STUDI KEPUSTAKAAN Gunawan Widjaja; Cecep Suhardiman
JOURNAL OF LAW AND NATION Vol. 4 No. 1 (2025)
Publisher : INTELIGENSIA MEDIA

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Abstract

This study discusses the important role of Supreme Court jurisprudence in establishing legal certainty and consistency of decisions in the Indonesian judicial system. Although the Indonesian legal system emphasises written sources of law, the emergence and application of jurisprudence has become increasingly significant, especially in overcoming legal ambiguities and gaps resulting from inadequate regulations in legislation. By providing interpretative guidelines and practical standards, Supreme Court decisions serve as persuasive references for lower courts, thereby minimising disparity in rulings and enhancing the predictability of case outcomes. This study highlights how the utilisation of jurisprudence not only strengthens public trust in the judicial system but also contributes to the integrity and legitimacy of court decisions. However, challenges remain, such as limited access to relevant decisions and uneven understanding among judges. Therefore, sustained efforts—including the digitisation of decisions and regular training—are needed to optimise the function of jurisprudence in achieving legal certainty and consistency in Indonesia.
Co-Authors Gunawan Widjaja Khalimi Khalimi