KONFLIK NORMA MASA KONSESI HAK GUNA USAHA DI IBU KOTA NUSANTARA DITINJAU BERDASARKAN PASAL 33 AYAT (3) UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA 1945

The concession period of cultivation rights in the capital city of Nusantara has a very long period of 190 years. This research is examines the form of conflict of state’s law norms about concession period of cultivation rights in the capital city of Nusantara and the legal implications of granting cultivation rights in Govern ment Regulation Number 12 of 2023 regarding Granting of Business Licensing, Ease of doing Business, and Investment Facilities for Business Actors in the Capital City of Nusantara. This type of research used a normative juridical with techniques for collecting legal materials through library studies. The concession period about cultivation rights in the capital city of Nusantara is contradicted with concession period that regulated in Act Number 5 of 1960 regarding Basic Regulations on Agrarian Principles and Government Regulation Number 18 of 2021 regarding Management Rights, Land Right, Flats, and Land Registration. The conflict of norm is vertical, contradicted to legal principle of lex superior derogat legi inferior and the concrete of legal implications are structural inequality of land tenure, it is has potential to cause various of conflicts over land rights and there is no social justice for society over agrarian resources. There is needs to be an explanation of the limits of state rights control because the paradigm that adopted by government is only limited to pursuing economic growth and neglected the constitutional mandate related to allocation of agrarian resource for the greatest prosperity of people.