Juridical Review of Spatial Planning and Control of Space Utilization in the Situ Kayu Antap Area in the South Tangerang City Area in the Perspective of National Land Law
{"title":"Juridical Review of Spatial Planning and Control of Space Utilization in the Situ Kayu Antap Area in the South Tangerang City Area in the Perspective of National Land Law","authors":"Levy Maulana Muhammad","doi":"10.31941/pj.v22i2.2369","DOIUrl":null,"url":null,"abstract":"Juridically, there is a legal problem where Situ Kayu Antap located in the city of South Tangerang has a discrepancy in the use of its space, namely the issuance of land rights without the results of analysis or study of relevant physical data and juridical data, so it is necessary to control the use of space in the situ area in the South Tangerang city area in the perspective of national land law. The type of research in this research is normative legal research, namely research on legal principles, legal theory, legal concepts and legislation related to this research. The theory, principles and legal concepts are used to determine that the location of Situ Kayu Antap is an inland water source in the South Tangerang city area which is designated as one of the National Strategic Areas and is a protected area that must be preserved for the welfare of the people. Based on the author's research, PT. Hana Kreasi Persada, which currently has a Building Use Right over the Situ Kayu Antap area, can have its land rights revoked on the basis of public interest and can be compensated by the South Tangerang city government based on the provisions of the applicable laws and regulations.","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"42 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31941/pj.v22i2.2369","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Juridically, there is a legal problem where Situ Kayu Antap located in the city of South Tangerang has a discrepancy in the use of its space, namely the issuance of land rights without the results of analysis or study of relevant physical data and juridical data, so it is necessary to control the use of space in the situ area in the South Tangerang city area in the perspective of national land law. The type of research in this research is normative legal research, namely research on legal principles, legal theory, legal concepts and legislation related to this research. The theory, principles and legal concepts are used to determine that the location of Situ Kayu Antap is an inland water source in the South Tangerang city area which is designated as one of the National Strategic Areas and is a protected area that must be preserved for the welfare of the people. Based on the author's research, PT. Hana Kreasi Persada, which currently has a Building Use Right over the Situ Kayu Antap area, can have its land rights revoked on the basis of public interest and can be compensated by the South Tangerang city government based on the provisions of the applicable laws and regulations.
在法律上,位于南坦格朗市的司地诺卡尤安塔存在空间使用差异的法律问题,即在没有对相关实物数据和法律数据进行分析或研究的情况下发放土地权利,因此有必要从国家土地法的角度对南坦格朗市辖区司地诺区域的空间使用进行控制。本研究的研究类型为规范法律研究,即对与本研究相关的法理、法理、法律概念和立法的研究。运用理论、原则和法律概念确定斯图德卡尤安塔的位置是坦格朗南部城市地区的内陆水源,该地区被指定为国家战略区域之一,是一个必须为人民福利而保护的保护区。根据笔者的研究,Hana Kreasi Persada公司目前在Situ Kayu Antap地区拥有建筑使用权,基于公共利益,可以撤销其土地使用权,并根据相关法律法规的规定,由南坦格朗市政府进行补偿。