The Legal Position of Legal Subjects’s Civil Rights Due to Overlapping Lands

Abstract

Indonesia is well-known as an agricultural country rich of natural resources. This resource is easily developed to support investment climate, especially the plantation sector. The state provides opportunities for legal subjects to invest in the plantation sectors by applying license to control and cultivate private land under the Right to Cultivate (hereinafter referred to as HGU) as stipulated in Article 28 of Act No. 5 of 1960 on Basic Agrarian Act (hereinafter referred to as UUPA). The application for HGU is carried out based on statutory regulation, it aims at providing legal certainty for legal subjects who apply for their rights to the state. The permit issued by the state for land use is a form of granting civil rights for legal subject applicants. Each HGU application is expected to avoid the occurrence of legal dispute. However, a problem often rises due to this application, namely overlapping of lands.

Keywords: Civil rights, legal subjects, overlapping land

DOI: 10.7176/JLPG/106-08

Publication date: February 28^th 2021