ANALISIS FILOSOFIS HAK TANGGUNGAN DENGAN OBJEK HAK PAKAI ATAS TANAH NEGARA

SAIF ALI, NIM.15340015 (2019) ANALISIS FILOSOFIS HAK TANGGUNGAN DENGAN OBJEK HAK PAKAI ATAS TANAH NEGARA. Skripsi thesis, UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The issuance of Law No. 4 of 1996 concerning Mortgage Rights and Objects Related to Land (hereinafter referred to as UUHT) Article 4 paragraph (2) which contains "In addition to land rights as referred to in paragraph (1), Use Rights on State Land according to the provisions required to be registered and by their nature transferable can also be encumbered with Underwriting Rights, "leaving philosophical questions related to the permissibility of use rights over State Land as objects of Underwriting Rights. According to the Basic Agrarian Law No. 4 of 1960 which can be encumbered or as an object of Mortgage rights are only ownership rights, land use rights and building rights. This raises the question of how the philosophical basis of permitting use rights over state land as objects of mortgage and what basis is used by the legislators. This problem can be categorized as quite interesting by examining the philosophical basis for the stipulation of the Right to Use State Land as an Object of Mortgage. This research is made clearer using the normative approach through the study of theories, concepts, principles of law and legislation, so this research is more descriptive analytical in nature. Based on this research method tries to examine using library research. The primary material of this research is the Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights and Objects Related to Land, the book Theory of Justice: The Basics of Political Philosophy to Achieve Social Welfare in the Country by John Rawls obtained by reading and analyze. Based on the study conducted by the compiler, the results of the study conducted can be concluded that a philosophical basis for the permissibility of use rights over State Land as an object of Mortgage Rights other than due to the registered use rights in the Land Office is also a consideration for realizing social justice. The justice meant here is in accordance with John Rawls's view regarding the equality of opportunity which in this case is the equality of opportunity to get venture capital from financial institutions between middle and upper income earners who have Ownership Rights, Business Use Rights and Building Use Rights and lower class people who only have the right to Use Rights on State Land. Previously, only the middle and upper classes had access to business capital because only those who had land rights could be the object of the Underwriting Right.. The most important point from the issuance of the law is the presence of the State in establishing a legal structure that provides justice for opportunities between the different classes of society to create equitable prosperity for all Indonesian people.

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