Legal Certainty and Justice for Owners of Building Rights on Industrial Land Management Rights

Abstract

Industrial land management in Indonesia is generally carried out through a Land Management Rights (HPL) scheme granted to public legal entities, such as local governments or state-owned enterprises. However, in practice, the legal position of HGB holders above HPL often raises issues related to legal certainty and justice. This study aims to determine the legal certainty and justice for building use right holders above industrial land management rights. This study uses a normative juridical approach that emphasizes literature research. Because the approach is supported by normative juridical principles, it can be conducted through field studies to obtain primary data through interviews or questionnaires.  The results of the literature and field data are then discussed in the research object section. The analysis is presented in a separate section on analysis and discussion. The data analysis is conducted using a normative qualitative analysis of the "   " (the law as it is). The results of the study show that Building Use Rights over Industrial Land Management Rights are a manifestation of the implementation of State Control Rights, which aim to guarantee legal certainty and justice. However, in practice, there are problems due to the shift in the function of Management Rights towards civil relations, which creates an imbalance in the position of HGB holders. The dependence of HGB extensions on the approval of HPL holders, weak state supervision, and the dominance of unilateral policies have the potential to create legal uncertainty and disregard the principle of justice as mandated by the 1945 Constitution. Therefore, it is necessary to clarify the limits of the authority of Management Rights holders and strengthen the role of the state in supervision to protect the rights of HGB holders and realize the prosperity of the people.