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Original Research

THE LEGAL POLITICS OF GRANTING BASEMENT RIGHTS IN ORDER TO REALIZE THE WELFARE OF THE PEOPLE ACCORDING TO THE 1945 CONSTITUTION OF THE REPUBLIC INDONESIA

IBRAHIM SUMANTRI 1, I GDE PANTJA ASTAWA 2, YANI PUJIWATI 3, and DADANG EPI SUKARSA 4.

Vol 18, No 02 ( 2023 )   |  DOI: 10.17605/OSF.IO/UDZJA   |   Author Affiliation: Program Doktor Ilmu Hukum, Fakultas Hukum, Universitas Padjadjaran, Bandung, Indonesia 1,2,3,4.   |   Licensing: CC 4.0   |   Pg no: 738-755   |   Published on: 15-02-2023

Abstract

Land politics in general seeks to ensure that everyone has the opportunity to acquire some land rights. However, with the limitation of ownership of land rights, the current regulation of the use and granting of rights to the basement does not show justice for everyone. This research is legal research with a typology of normative legal research or doctrinal research with data sources obtained through document studies and interviews. The results showed that the legal politics of granting rights to basements after the enactment of PP No. 18/2021 still limit the ownership of rights to basements. Therefore, the concept of regulating the granting of land rights in the future basement must be based on the fulfillment of the Right of the Indonesian Nation and the Right to Control of the State as guaranteed by the 1945 Constitution and the UUPA by changing several elements that support this right, so that the community also gets legal certainty and justice in using and utilizing underground space.


Keywords

Utilization, Basement, Welfare