Legal Politics of Changes in Land Ownership Rights Regulations Post Omnibus Law Based on Pancasila Justice

DOI

10.2991/978-2-38476-218-7_57How to use a DOI?

Keywords

Legal Politics; Land Ownership; Pancasila Justice

Abstract

Land ownership regulations have developed, notably following the passage of the Job Creation Act. This research contrasts the legal politics of land ownership regulation changes prior to and following the passage of the Job Creation Act, with the goal of determining whether or not these changes are based on Pancasila fairness. The goal of this research is to analyze land ownership legislation prior to and following the Job Creation Law, using Pancasila justice as a framework. The research strategy is to examine relevant laws and regulations as well as legal literature. The study’s findings indicate that the objectives and philosophies of UUPA and Job Creation Law disagree. UUPA focuses on protecting society, economic progress, and social equality with economic balance and justice. Meanwhile, the Job Creation Law changes policies in a more liberal and capitalistic direction, with a focus on economic growth and investment. Changes in Land Ownership Regulations after the Job Creation Law, there is legal uncertainty (Article 20 UUPA vs. Article 64 PP 18/2021) which can affect land owners and legal stability. There are also differences in the definition and implementation of Management Rights (HPL) between the two regulations, creating ambiguity and potential conflict. There are also inconsistencies between the Job Creation Law and existing agrarian law, especially regarding principles such as sovereignty, Humanity, togetherness, democracy, and social justice, such as the notion of Sarusun Ownership Rights, which runs counter to UUPA laws. And PP No. 103 of 2015 concerning residential ownership by foreigners.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Abdul Wahid
AU  - I Gusti Ayu Ketut Rachmi Handayani
AU  - Lego Karjoko
PY  - 2024
DA  - 2024/02/22
TI  - Legal Politics of Changes in Land Ownership Rights Regulations Post Omnibus Law Based on Pancasila Justice
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 339
EP  - 345
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_57
DO  - 10.2991/978-2-38476-218-7_57
ID  - Wahid2024
ER  -