Kajian ke atas hak pakai khusus tanah dalam sistem perundangan pertahanan nasional

Alienation of land to public corporation for specific land use rights must be conducted in accordance with the present law in force namely Undang-undang Pokok Agraria Nombor 5 1960 (UUPA). The concept of land rights is provided under section 41, 42 and 43 of the UUPA but are general in nature. The objective of this study is to examine whether the concept of specific land use rights can be officially applicable under the Indonesian national land law. Issues relating to legal policy, use of name, duration of time as an object, the corporation as a right of subject which are under the concept of specific land use rights have been explained. This is a qualitative and descriptive study applying the method of interview where the
collection of data was made through interviews of respondents from different backgrounds in Indonesian. The inductive method is used to discuss the findings of secondary data and results of interview with the respondents. The study has indicated that a specific law governing specific land use rights does not exist in Indonesian national land law. However, land law policy regulating land rights has substantively incorporated the features of the concept of specific land use rights. This study also found that the characteristics such as national land as an object, public corporation as a subject, unspecified duration of time, incapability of transfer of land and liability rights are all supportive to the characteristics of specific land use rights in question. All of these characteristics are applied by the authorities without using the name of specific land use rights instead they use the term land rights of the government. This
study proposes that the law on specific land use rights and the land therein be accepted as national assets in order to ameliorate the concept of specific land use rights which are still non-existent under the Indonesian national land law.