The Land Rights Which Can Be Given On The Land Management System

Carrissa Shannon Lie, Yohanes Kristian Pranata
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Abstract

This research to understand management Right which defined in the Government Regulation No. 18 of 2021 Article 1 No. 3 as the State’s ownership right in which a part of the authorization is given to the Management Right holder. The type of research was juridical normative law research, which was a research that emphasizes in written documents as the main law resources, such as regulations, court decisions, law theories, and scholar’s opinions. There were 2 (two) approaches used to support this research. The first one was statute approach, which was done by analyzing all the related regulations and others that were related to currently law issues. One of the authorities that the holder has is to hand in parts of the Management Right land to a third party and/or cooperating with a third party. If the land is used by a third party, then a Land Right has to be given on the land for the third party’s basis to utilize and/or use the land. The handing of Land Rights to a third party must be done with the holder’s agreement. Therefore, the third party uses the land with the right on a certain land that is initiated on the Management Right land. The main issue that will be discussed is what types of land rights that can be given on the lands. This research is a law research with a normative law research method. Besides that, this research uses statute approach and conceptual approach. The conclusion is the land rights that can be given on the land are Building Rights on Land and Land Use Rights.
论土地管理制度下的土地权利授予
本研究旨在理解2021年第18号政府法规第1条第3款中定义的经营权,即国家所有权,其中部分授权授予经营权持有人。这种研究类型是司法规范性法研究,即强调以书面文件为主要法律资源的研究,如法规、法院判决、法律理论、学者意见等。有两种方法用于支持本研究。第一种是成文法方法,通过分析所有相关法规和其他与当前法律问题相关的法规来完成。权利人的权力之一是将部分经营权土地交给第三方和/或与第三方合作。如果土地被第三方使用,那么必须给予土地使用权,以供第三方使用和/或使用土地。将土地权利转让给第三方必须征得土地所有人的同意。因此,第三人使用某一土地上的土地使用权是在经营权土地上发起的。将讨论的主要问题是可以在土地上给予何种类型的土地权利。本研究是一项运用规范法研究方法的法学研究。除此之外,本研究还采用了法规法和概念法。结论是土地上可授予的土地权利分为土地建设权和土地使用权。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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