Peran hukum tanah dalam mendorong pertumbuhan investasi di indonesia = The role of land law for stimulating investment growth in Indonesia

Aflavius, Aflavius (2004) Peran hukum tanah dalam mendorong pertumbuhan investasi di indonesia = The role of land law for stimulating investment growth in Indonesia. Masters thesis, Universitas Pelita Harapan.

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Abstract

The National Land Law going into effect in Indonesia now's day, represent a completion of land law previously, started at Duch colonization era to The Basic Agarian Law ( Undang-Undang Pokok Agraria ) and still expanding in line of the national growth. According paragraph 33 ( 3 ) the 1945 Indonesia's Constitution ( Undang - Undang Dasar 1945 ) , land, water an all natural resources therein are possessed by the state for the greatest prosperity of all Indonesian people . In connection with activities investment in Indonesia, The National Land Law at least giving its role in 3 ( three ) factors there are (i) in a stimulant factor to the investment activities (ii) in a control factor to the investment activities dan (iii) in a sanction factor to the deviations of investment. Giving its role in those factors , The National Land Law studied the regulations such as : how to obtain land for investment activities, the permit or requirements before obtain the land and sanction for the investors who using the land not accordance with its purposed.. In general , there are two ways for investors to obtain the right of land in Indonesia. Firstly, by purchasing the right of land from another person ( for the land which already has " title of right" or "certificate" ) . Secondly , by giving compensation to the person who possessed the land ( without any "title of right ") and then apply the title of right to the government. As a part of control factor in investment activities , there are some requirements has to obeyed by investors before obtain the land., such as apply " Location Permit " ( Ijin Lokasi ) form the relevant Mayor or Regent before obtain the land . For the investors who using the land not accordance with its purposed , such as neglecting the land, could caused the cancellation of its right of title and the land specified as a neglected land and the land re taken by the state.

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