Indonesian Land Rights for Individual Limited Companies

Authors

  • Habib Adjie Faculty of Law, Universitas Narotama, Surabaya, Indonesia.

Keywords:

Land Rights; Indonesia; Individual Limited Companies (ILCs); Basic Agrarian Law (UUPA)

Abstract

The subject of individual limited companies' (ILC's) land rights in the Republic of Indonesia is complicated and contentious, owing to the country's complicated land tenure structure. This problem develops as a result of the distinct legal structure that controls land ownership, having a focus on individual as well as community rights. Furthermore, the growing demand for business and industrial property has prompted concerns regarding how these legal rights are granted and secured for limited enterprises. The primary goal of this research is to extensively investigate and examine Indonesia's legislation and rules regarding land rights as they pertain to individual limited companies. For this legal research, the data was gathered from different primary as well as secondary sources and content analysis was done. The current study used the normative research approach to collect data. It has been observed that ILCs' land rights in Indonesia are principally controlled via the Agrarian Law, which recognizes several land titles as well as tenure types, notably Hak Guna Usaha (HGU) for business reasons. According to the findings, getting HGU for restricted enterprises might be a complicated procedure that necessitates compliance with certain legislation and plans for land use at the national and regional levels. Nevertheless, Indonesia's ownership system is extremely complicated, with legislation differing at the national, provincial, as well as municipal levels. This variation makes it difficult to present a full investigation that incorporates all regional subtleties and specificities, thus reducing the findings' universality.

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Published

2023-11-08