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39 Supremo Amicus [i] (2025)

handle is hein.journals/supami39 and id is 1 raw text is: SUPREMO AMICUS VOLUME 39 | October, 2025 ISSN 2456-9704 LEGAL ANALYSIS OF THE GRANTING OF BUILDING USE RIGHTS OVER MANAGEMENT RIGHTS ByAkbar Yulianta Master of Notary Student at the Faculty of Law, Sebelas Maret University, Indonesia By Lego Karjoko Lecturer of the Faculty of Law, Sebelas Maret University, Surakarta, Indonesia By Ismunarno Lecturer of the Faculty of Law, Sebelas Maret University, Surakarta, Indonesia Abstract The Basic Agrarian Law (UUPA) is the legal basis for regulating land issues in Indonesia. Management Rights (HGB) emerge and develop in accordance with the development of a region. Management Rights (HPL) are not expressly regulated in the UUPA; however, the general explanation of the UUPA, Roman II, explains that the state may grant land to or provide it to a governing body to be used for the implementation of its respective duties. HPL emerges and develops in accordance with the development of a region. HPL is a new term and was issued before the enactment of the UUPA. HPL is not explicitly explained in the UUPA, but its meaning is implied in Article 2 paragraph (4) of the UUPA. Regarding Building Use Rights (HGB), HGB is regulated in the General Explanation Number II Number 2 of the UUPA. HGB is the right granted to the holder to build/operate the land according to its intended use. HGB can be established on HPL land with permission from the state, which delegates the rights to another party. 1 Triadi Kurniawan. 2020. Granting Building Use Rights on Land with Management Rights. Vol. 18, No. 1, February, p. 71 Keywords: Legal Regulation, Building Use Rights, Management Rights. INTRODUCTION The land, water and space, including the natural resources contained therein, are controlled by the state as the organization of power of all the people, as stipulated in Article 2 paragraph (1) UUPA as an elaboration of Article 33 paragraph (3) UUD 1945. The term controlled by the state is a concept that gives rise to the state's right to control these agrarian resources in order to achieve the greatest prosperity of the people in the sense of nationality, welfare and independence in the society and legal state of Indonesia which is independent, united, sovereign, just and prosperous.1 The definition of being controlled in the provisions of Article 2 paragraph (1) of the UUPA does not mean owning, because according to the legal concept of land, the state does not act as the land owner. The definition of Article 2 paragraph (1) is a definition that gives the state the authority to: 1. Regulating and administering the allocation, use, supply, and maintenance of land; 2. Determining and regulating legal relationships between individuals and land; 3. Determining and regulating legal relationships between individuals and legal acts concerning land; In order to meet the various needs of the population for land for permanent land, the government is trying to optimize the allocation and use of land in various wys, including by issuing land regulations such as regulations on the provision of land for the benefit of individuals and legal entities for state lands and/or land rights. Land rights are lands that are already owned by individuals and legal entities with certain rights to the land which can be in the form of www.supremoamicus.org PIF 6.242