Abstract
The government has a central and strategic role in economic development based on democratic principles aimed at creating a just and prosperous society as mandated by the Constitution. This paper examines the arrangement of land rights (LR) for investment Activities in Indonesia in the perspective of land Act. This study uses a doctrinal juridical approach. The type of data is secondary data sourced from primary legal materials and secondary legal materials. Data collection is carried out using literature and documents both physically and electronically. The data obtained is then analyzed using content analysis and prescriptive analysis. The findings show that the time period for granting land rights from various investment regulations is arranged inconsistently. The root of the problem of inconsistency is the violation of hierarchical principles in the regulation of the timeframe of CR, BR and UR in Act 5 of 1960 with GR 40 of 1996 which is used as the basis for the regulation of the granting of land for investment. As a result, the application of the principle oflex specialis derogate legi generaliin granting land in accordance with the principle of legal certainty is contrary to the principles of justice and benefit. So it is necessary to harmonize the Act, by making changes to GR 40 of 1996 and Act 25 of 2007 to be adjusted to the provisions of the period of land rights stipulated in Act 5 of 1960 which is an umbrella Act in the field of land.
Highlights
The government as the state administrator has a central and strategic role in economic development that aims to realize a just and prosperous society as mandated by the Constitution
The granting of land rights for investment activities is regulated in all investment regulations in Indonesia
Investors can only be given land rights that have a limited period of time, namely Cultivation Rights (CR), Building Rights (BR) and Usage Rights (UR)
Summary
Whereas the Indonesian people only try in the home industry, smallholder mining, low quality small plantations [2] These conditions are considered by the government in attracting foreign investors in Indonesia to realize the acceleration and Act 5 of 1960 ance of the economy and increase national production to improve the level of life of the people. The Government established Act 25 of 2007, which was the realization of the realization of public welfare as mandated by Article 33 of the 1945 Constitution of the Republic of Indonesia and the Decree of the People's Consultative Assembly No XVI / MPR / 1998 concerning Economic Politics in the Context of Economic Democracy, and for the development of investment for micro, small, medium and cooperative businesses, which are part of the basic policy of investment. Land is a production factor that produces trade commodities
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