PENGELOLAAN TANAH NEGARA OLEH PIHAK KETIGA DITINJAU DARI PERSPEKTIF HUKUM PERTANAHAN DAN PERBENDAHARAAN NEGARA

Abstract

This article is focusing on the condition of co-existences between two legal instituions, called “Hak Pengelolaan” which is regulated by Land Law and “Pemanfaatan Barang Milik Negara” which is regulated in State Properties Law viewed from the both legal regimes perspective. Substantially, these two legal institutions are regulating similar right, which is state’s right to allow the other party to manage state land. This article is normative legal research, which sourced from primary, secondary, and tertiary legal resources. The datas that have collected from the resources are then analyzed by comparative method. The research results that co-existence of the two legal regulations which is regulating similar right is unideal and contra productive condition. The co-existences of the two legal regulations, based on Land Law perspective, is problematic, mainly caused from the using of “Barang Milik Negara” term on state land and the obstruction of the simplification of Indonesia Land Law, which has stated as a one of the objectives of the Law Number 5 Year 1960 enactment. At the same time, by the State Properties Law perspective, the existences of Hak Pengelolaan also paradox and paradigmatically counterproductive with the Law Number 1 Year 2004 on State Properties, because of the possibility of ignoring the paradigm of securing state assets, especially in the form of state land.