Study Of Legal Regulation for The Utilization of Ownership Rights Above Land (Air Space)

Abstract

: Land tenure and utilization are always influenced by human needs, time and technology. Population growth is increasing, while the limited availability of land is a problem on the one hand where land is used not only on the earth's surface, but on the surface of the space above the ground and underground space. Meanwhile, on the other hand, there are no laws and regulations that accommodate human needs and interests that regulate the use and use of above-ground and underground spaces. The type of research used in this paper is normative juridical research. Normative juridical research is a legal research method that is carried out by examining library materials or mere secondary materials, namely legal research on the Principles of Utilization of Land Ownership Rights. Normatively, the Basic Agrarian Law as a unification of land law, has provided for the control and utilization of space above the land and the space below the ground as stated in Article 4 of the UUPA and Article 146 of the Job Creation Law. However, its implementation is constrained because there are no regulations that regulate the technicalities and how to use the above ground and basement spaces by providing legal certainty. The use of the same object can be owned by two legal subjects with different rights status, and the right of ownership of the space above the ground and the space below the ground by one legal subject is the same as the status of the existing rights attached to the legal subject.