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POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Published by Transpublika Publisher
ISSN : -     EISSN : 2809896X     DOI : https://doi.org/10.55047/polri
Core Subject : Humanities, Social,
POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) is an international journal established by Transpublika Research Center. POLRI is an open access, double peer-reviewed e-journal which aims to offer an international scientific platform for national as well as cross-border legal research. The materials published include major academic papers dealing critically with various aspects and field of laws as well as shorter papers such as recently published book review and notes on topical issues of law. Furthermore, POLRI also aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law. All papers submitted to this journal should be written either in English or Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
Search results for , issue "Vol. 5 No. 2 (2026): APRIL" : 12 Documents clear
The Role of Local Government in Boosting Investment Under East Java Provincial Regulation No. 4 of 2021 Silalahi, Jur Udin; Saragih, Joy Zaman Felix; Siregar, Sheila Ananda; Syahputra, Muhammad Daffa; Susanto, Jocelyn Phebelia; Pranoto, Ananda Bima Al Wajdi Majid
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2226

Abstract

Investment plays a crucial role in driving regional economic growth, creating jobs, and improving public welfare. As part of the governance structure, local governments are responsible for creating a conducive investment climate through supportive policies and regulations. East Java Provincial Regulation Number 4 of 2021 concerning Investment serves as the legal basis for managing and developing investment in East Java. This study aims to analyze the role of local governments in increasing investment based on the provisions of this regulation and identify challenges in its implementation. The method used in this research is a normative-juridical approach, examining laws and regulations, legal documents, and related literature. The study results indicate that local governments play a role in formulating investment policies, simplifying licensing processes, providing incentives, and fostering and supervising investment activities. However, implementation still faces obstacles such as complex bureaucracy, limited supporting infrastructure, and suboptimal inter-agency coordination. Therefore, efforts to strengthen policies, improve licensing services, and foster synergy between local governments and business actors are needed to achieve the goal of increasing investment effectively and sustainably.
Deconstructing the Ambiguity of the Right to Build (HGB) over the Right of Management (HPL): Delegitimizing HPL on Non-Vital Land and Reconstructing Land Law in Indonesia Rusdian, Ibnu; Pandamdari, Endang; Marianne, Irene
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 5 No. 2 (2026): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v5i2.2243

Abstract

The Indonesian land law system faces a fundamental problem in which HGB above HPL does not fully function as an independent land right due to its structural dependency on the administrative authority of the HPL holder. This research aims to examine the ambiguity of the construction of the Right to Build (HGB) over the Right of Management (HPL), to delegitimize the applicability of HPL on non-vital land, and to formulate a land law reconstruction that provides greater legal certainty and independence of rights. This research is normative legal research employing conceptual, statutory, legal theory, and comparative law approaches. Analysis is conducted qualitatively and prescriptively using Jacques Derrida’s legal deconstruction to dismantle the legitimacy of HPL, and Mochtar Kusumaatmadja’s Development Law Theory as the basis for legal reconstruction. The results show that the ambiguity of HGB over HPL stems from the structural dependency of HGB on the administrative authority of the HPL holder, which causes HGB to not fully function as an independent land right. Through the deconstructive approach, it was found that the legitimacy of HPL over non-vital land no longer has a strong public basis, because such land has in fact developed into a stable private or semi-private space. The findings suggest restricting HPL to strategically vital land while transferring non-vital land to a more independent rights regime through partial HPL release, state land reclassification, and stronger HGB holder protections.

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