Analisis Yuridis Atas Kendala Perpanjangan Hak Guna Usaha dengan Adanya Rencana Eksisting Antara Rencana Tata Ruang Wilayah

Abstract

The extension of term of Rights to Cultivate in PT. Perkebunan Nusantara II (PTPN II) is allowed grounded on the regulation. However, if the land area requested for the extension is included in Spatial Zoning Plan (RTR W) of certain region, extension of term of the Rights to Cultivate forthe land cannot be requested. The problems of this research are about the regulations concerning extension of term of Rights to Cultivate due to the existing plan in Spatial Zoning Plan, what obstacles are encountered in the extension of term of the Rights to Cultivate due to the existing plan in Spatial Zoning Plan, and what efforts can be made to overcome the obstacles in extending the term of the Rights to Cultivate due to the existing plan in Spatial Zoning Plan. This is analytical descriptive research with normative juridical approach. Qualitative analysis method is employed to process and analyze data and the conclusion is drawn by using deductive method through normative frameworks. The results indicate: the regulation regarding extension of term of rights to Cultivate in PT. Perkebunan Nusantara II (PTPN II) can be conducted pertaining to law and regulation procedures applied as long as the area is included in spatial zoning plan (RTR W) of certain region. The obstacle that hinders the extension of term of rights to Cultivate is due to legal inconsistency.frequent changes in spatial zoning plan and duties and responsibilities that have not been carried out well by law officers or related institutions. It is recommended that legal regulation be specifically made concerning theplantation land for which the extension of term of rights to Cultivate is requested so special agency can be established to overcome obstacles hindering the extension of term of rights to Cultivate. Therefore, there is no overlap between one regulation to another. Tn addition, it is also required to make more real ef fort s, not only f rom the policy maker and stakeholders but also from the society by being more actively participated in maintaining the consistency of legal regulations.