Law Proscientist: Journal of Law Professional Scientist
Vol. 1 No. 2 (2023): Journal of Law Professional Scientist

Pemberian Hak Atas Ruang Bawah Tanah: Perspektif Hukum Agraria

Suyanto Suyanto (Fakultas Hukum Universitas Gresik)



Article Info

Publish Date
17 Mar 2023

Abstract

This research aims to examine the right to control the state and its authority in granting rights to underground space based on Law No. 11 of 2020 concerning Job Creation in conjunction with PP No.18 of 2021. The type of research is normative legal research using primary and secondary legal sources, the approach used is Legislation, Conceptual, and Philosophy. The results of the research are (1). PP No. 18 of 2021 is to implement the provisions of Article 142 and Article 185 of the Job Creation Law The definition of land including space above and inside the body is different from the definition in the legal regime of the Basic Agrarian Law (hereinafter abbreviated as UUPA), (2). The granting of rights to underground space is a new norm regarding the granting of land rights, previously the norm governing the granting of land rights was the UUPA which had granted rights to the land surface, (3). The new norm can lead to conflicts in agrarian law norms, namely differences between holders of aboveground space rights and holders of underground space rights when the norm is not synchronized with other regulations.

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Journal Info

Abbrev

lp

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

LAW Proscientist: Journal of Law Profesional Scientist is a journal that publishes Focus & Scope research articles, which include: Criminal law Civil law International law Constitutional law Administrative Law Islamic law Economic Law Medical Law Customary law Environmental Law and other sections ...