REFORM POLICY FOR MANAGEMENT OF BUILDING USAGE RIGHTS (HGB) ABOVE LAND MANAGEMENT RIGHTS (HPL) BASED ON HALAL PRINCIPLES ACCORDING TO ISLAMIC LAW

Abstract

In its development, land has various important functions in people's lives, this is because land is a support for the development of various kinds of human activities on this earth, including in Indonesia. The important position of the land resulted in the birth of the development of the concept of land use rights. Previously, the use of HGB was only subject to the Basic Agrarian Law Number 5 of 1960 and Government Regulation Number 40 of 1996 concerning Business Use Rights, Building Use Rights, and Land Use Rights, in its development the management of HGB is also regulated in Government Regulation Number 27 of 2014 concerning Management of State and/or Regional Property. In its development, Article 29 of Government Regulation Number 27 of 2014 concerning Management of State and/or Regional Property states that the duration of HGB above HPL is only for five years, whereas in the Basic Agrarian Law Number 5 of 1960 and Government Regulation Number 40 of 1996 concerning Cultivation Rights, Building Use Rights, and Land Use Rights The old use of HGB over HPL ends when the time set by the HPL holder has been completed, this is as intended in Article 35 of Government Regulation Number 40 of 1996 concerning Cultivation Rights, Building Use Rights , and Land Use Rights. so it is clear that there is disharmonization between Article 29 of Government Regulation Number 27 of 2014 and Article 35 of Government Regulation Number 40 of 1996 concerning Cultivation Rights may result in injustice for HGB holders. This shows that the discussion related to "Disorientation of the Value of Justice in the Policy of Management of Building Use Rights (HGB) on Land with Management Rights (HPL)" is interesting to be discussed further.
Keywords: Disorientation, Building Use Rights (HGB), Management Rights