Konstitusionalitas Rencana Perpanjangan Hak Guna Bangunan di Ibu Kota Nusantara

Abstract

The government plans to make a Government Regulation (PP) that would regulate the extension of Building Use Rights (HGB) in the Archipelago Capital City (IKN). This HGB later could be extended for 160 (one hundred and sixty) years. If passed, this PP is contrary to the Law Number 5 of 1960 concerning Basic Agrarian Regulations which regulates the extension of HGB only for 50 (fifty) years and contradicts to the Article 33 of the 1945 Constitution which prohibits monopolistic practices. This study aims to examine the constitutionality of the government's plan to extend the Right of Building in IKN. The results of the study showed that the plan for extending the Right of Building in IKN was constitutionally not in accordance with the principles of granting land rights as regulated in the Basic Agrarian Law or the principles of the agrarian constitution as regulated in Article 33 of the 1945 Constitution which requires the granting of land rights based on the principles of economic democracy and fair efficiency in which land rights are not only to fulfill individual preference but also social preference as manifested in norm regulation system that provides equal guarantees of rights to access land rights granted by the state and prevent the capitalism practice in land tenure.