| Popis: |
Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that the State of Indonesia is a state of law. The consequence of this article is that law is placed in the highest position in the context of state administration in the Indonesian State. In the administration of the State, the law is formed into a constitution, which is the 1945 Constitution of the Republic of Indonesia. The protection and fulfillment of human rights and the rights of citizens are at the core of the conception of the rule of law. Therefore, all legal norms that form the basis of state administration must be oriented to the protection and fulfillment of human rights and the rights of citizens. One type of land right that should be highlighted from a normative legal perspective is the Building Use Right, as stated in Article 16 paragraph (1) letter c of the Basic Agrarian Law. In particular, the Right to Build is regulated in Article 35 to Article 40 of the Basic Agrarian Law. Article 35 paragraph (1) of the Basic Agrarian Law provides the meaning of Building Use Rights, namely the right to construct and own buildings on land that is not one's own, with a maximum of 30 years. Building rights comes from land that is not their own. Land that is not owned by itself is land originating from State land, land with management rights, and land with property rights. Building rights are valid for a certain period, can be extended and renewed rights. Associated with the values of Pancasila as the philosophical foundation of law in Indonesia from what is contained in the elaboration of the contradictions above, the existence of the second principle of Pancasila, just and civilized humanity, land rights are part of human rights. So the concept of humanity is a complete human being with all its dimensions including land rights which are clearly multidimensional in nature so that which must still be considered in the state regulatory system. The existence of land gives economic, political, and cultural honor/identity/self-respect functions. Therefore, the availability of a building use rights regulatory system, especially one that provides legal protection for former building use rights holders, is a manifestation of respect for human rights and humanity. Then the existence of the Fifth Precepts of Pancasila, Social Justice for All Indonesian People. This precept is the main goal or mission of living as an Indonesian state and the highest goal or crown of the legal system in a democratic country. The concept of social justice in the fifth principle of Pancasila includes justice in all its aspects and covers all human dimensions as multidimensional beings. In its preamble, the Constitution (the 1945 Constitution of the Republic of Indonesia) emphasizes the State's obligation to "... to realize a social justice for all the people of Indonesia." Therefore, Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia provides a legal basis as well as a philosophical and even ideological basis that the earth and water and the natural resources contained therein, the authority to regulate land is entirely left to the State as an organization of power and used for the greatest prosperity of the people. With this, the most basic legal problem is in the form of a philosophical basis for legal arrangements to provide legal certainty for holders of Building Use Rights certificates on Management Rights land. In the results of this study, the legal regulation of Building Use Rights in the context of the land law system in Indonesia also develops in the discourse of individualistic vs collectivistic values and the challenges of these developments. Reflecting on the philosophy of living together, namely Pancasila, especially the Second and Fifth Precepts, it can be seen that philosophically, the legal regulation of Building Use Rights in Indonesia is based on collective values that accept the presence of social, cultural, and economic functions from land in this country. Just and civilized humanity and social justice for all Indonesian people are the philosophical foundations for regulating Land Rights, including Building Use Rights. |
