CD Skripsi

Analisis Yuridis Pasal 18 Peraturan Pemerintah Nomor 12 Tahun 2023 Tentang Pemberian Perizinan Berusaha, Kemudahan Berusaha, Dan Fasilitas Penanaman Modal Bagi Pelaku Usaha Di Ibukota Nusantara Perspektif Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok Agraria

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Article 1 paragraph (3) of the 1945 Constitution expressly states that Indonesia is a state of law. Given this, the management of natural resources must be in accordance with Article 33 paragraph 3 in the body of the 1945 Constitution of the Republic of Indonesia. According to Article 5 of the 1945 Constitution of the Republic of Indonesia, it is a legal reason for the President to stipulate government regulations to carry out the law properly.When discussing Cultivation Rights of Way, the idea of its regulation is found in Law Number 5 of 1960 concerning Basic Agrarian Principles. The regulation of Cultivation Rights Title in Article 28 should actually be a guideline for the Government in granting such rights to persons, legal entities or managers of the rights granted. Other regulations should not contradict other regulations unless Article 28 of Law No. 5/1960 is amended or declared invalid. Furthermore, the birth of Government Regulation Number 12 of 2023 was certainly born from the Government's plan to relocate the national capital to the Archipelago. This gave birth to a legal product in the form of Law Number 3 of 2022 concerning the National Capital.
This type of research is classified as normative legal research which is guided by the synchronization of laws and regulations and legal principles. This research synchronizes the existing Business Use Rights Regulations in Law Number 5 of 1960 Basic Agrarian Regulations with Government Regulation Number 12 of 2023, especially article 18.
From the results of this research, there are three main things that can be concluded that the Business Use Right Arrangement is generally regulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations. This regulation applies in general to all legal subjects in the management of land rights. Synchronization of legal regulations between Law Number 5 of 1960 concerning Basic Agrarian Regulations and Government Regulation Number 12 of 2023. The assessment is carried out hierarchically both vertically and horizontally. Where there are many differences and similarities from these arrangements. Using the touchstone theory of Legal Certainty and Hierarchy of Legislation. It was found that there was legal overlap in the interests of the issuance of the regulation. The ideal concept of regulating the management of Cultivation Rights in the Capital of the Archipelago needs to be well regulated for the sustainability and development of the Capital of the Archipelago. It is necessary to test Law Number 5 of 1960 with the 1945 Constitution regarding whether it is still feasible to apply it to the current legal needs in Indonesia, especially the development of IKN. Second, it is necessary to amend the UUPA so that there are no legal imbalances that adjust to what is regulated in the IKN Law. Third, it is necessary to examine Government Regulation number 12 of 2023 to the Supreme Court formally and materially whether it is in accordance with the UUPA or not.

Keywords: Cultivation Rights Title, Synchronization of legal arrangements

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009113301

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Tata Negara., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009113301

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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