Andalas Law Journal
Vol 8 No 1 (2023)

Acquisition of Customary Rights of Customary Communities In Customary Lands for Corporate Business Use Rights

Pratama, Arya Putra Rizal (Unknown)
Wulandari, Sinar Aju (Unknown)



Article Info

Publish Date
28 Jul 2023

Abstract

Indonesia has regulations on land management related to the economy based on the public interest. The use of land by a corporation is carried out by granting cultivation rights (HGU) over the ground through a Government stipulation. However, with increasing investment activity, land has become essential to support capital inflows in Indonesia. With the shift in land requirements for investment, customary land has become an attraction for investors in business activities in the agricultural, fishery or plantation sectors. This research is legal research (doctrinal analysis) using a conceptual approach (conceptual approach) and statutory approaches (statute approach). The results of this study explain that the use of land in corporations located on customary land through HGU is a legal action and can be carried out as long as it does not interfere with or eliminate the essence of the characteristics of the customary land rights. Then, granting HGU over customary land can be done in consultation with the customary community with corporations through the government. However, the deficiency in granting HGU over customary land when this period expires threatens the loss of the status of customary land and customary rights.

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Journal Info

Abbrev

alj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Adat Law, Environmental Law and another section related contemporary ...