Hak Pengelolaan Sejak Putusan Mahkamah Konstitusi 91/ Puu-Xviii/2020

Abstract

Management rights are one of the rights that exist in Indonesian land law, but their existence has not yet received strong and special legitimacy at the statutory level. The existence of the Job Creation Law strengthens the status of management rights, because management rights have a strategic role in development in Indonesia, especially regarding their use and bringing economic benefits. However, the presence of the Constitutional Court Decision 91/PUU-XVIII/2020 suspended the implementation of the Job Creation Law, particularly regarding strategic policies. The Constitutional Court's decision did not clearly explain what the strategic policy meant. For that matter, in this paper, we will discuss: 1. Provisions on Management Rights Prior to the Job Creation Act. 2. Provisions on Management Rights in the Job Creation Law are Strategic Policies. The method used in discussing this is a normative research method, with primary legal materials consisting of statutory regulations and secondary legal materials consisting of literature. The approach used is a statutory approach and a conceptual approach.