ANALISIS YURIDIS PENGATURAN HAK PENGELOLAAN ATAS TANAH DALAM UNDANG-UNDANG CIPTA KERJA

A

The birth of the Cipta Kerja law reaps the pros and cons, one of which is in the land sector regarding land management rights. This is because there are many contradictions related to the regulations stipulated in the copyright law with the 1945 constitution and the basic agrarian law, many principles of the 1945 constitution and the basic agrarian law are ignored in the rules regarding the land sector in this case in the management rights in the copyright law and in the implementing rules of the law. This research aims to: (1) find out how the management rights to land in the cipta kerja law; and (2) find out the legal implications of changes in management rights in the cipta kerja law. The type of research used in this research is normative juridical by using data collection techniques through literature study. The results showed that: (1) the regulation of management rights in the cipta kerja law there are many changes and additions to the provisions that are not in accordance with the 1945 constitution and the basic agrarian law, arrangements related to management rights are only contained in detail in the implementing regulations while in the cipta kerja law only regulates in general, this relates to the main reason for the birth of the cipta kerja law; and (2) the impact of the implementation of the cipta kerja law, especially in the land sector, which in this case is on the management rights to land, including regulations that favor investors and harm the community, the addition of customary land in the object of management rights, allowing the granting of business use rights on land management rights, the existence of a land bank which indicates to facilitate investment for investors, override the social function in the basic agrarian law and prioritize the investment function of land, as well as overlapping regulations.