Perpanjangan dan Pembaruan Hak Atas Tanah Bagi Investor di Ibu Kota Nusantara

Abstract

Indonesia is a developing country that is trying to carry out national development. National development in Indonesia is philosophically based on Pancasila and the 1945 Constitution of the Republic of Indonesia, as Pancasila is the way of life of the Indonesian nation. The essence of national development is to realize national goals, one of which concerns social welfare. Social welfare is closely related to economic development. The Indonesian nation is currently making efforts to accelerate economic development towards stability and economic growth by paying attention to aspects of economics overeignty. Efforts to accelerate economic development are achieved through investment by making maximum use of fertilization and utilization of domestic investment and foreign investment. In 2022, the Government of the Republic of Indonesia promulgated Law Number 3 of 2022 concerning the National Capital which regulates there location of the National Capital, one of which is due to the economic gap between Java and outside Java and there are studie swhich show that Jakarta is no longer able to carry out its role as the capital city. The Government of the Republic of Indonesia needs investors to support facilities and infrastructure in the new National Capital.  The Minister of Agrarian Affairs and Spatial Planning or the National Land Agency emphasized that it would provide convenience for land matters, spatial planning and business licensing to attract investors to invest in the National Capital City. One way to facilitate this matter is bygranting land rights in the form of building user rights for 160 (one hundred and sixty) years to investors. The convenience provided seems to only prioritize the interests of investors and if it is realized it will create legal uncertainty for investors.