Legal politics arrangement on the issue of underground space ownership in order to provide legal guarantees of the legal use of underground in Indonesia
Ibrahim Sumantri and Agus Surono

Ibrahim Sumantri Law Offices and Al Azhar University

Abstract

The objectives of this research is to analyse the issue of private-ownership of underground space in Indonesia regarding to the bill of land and the constitution of the republic of the Indonesia of 1945, whereas in section XIV the constitutional of Republic Indonesia concerning national economy and social welfare, article 33 clause 3. Recently, the government and the parliament have discussed the bill of land, wherein in article 39 the bill of land is concerning land rights in underground space. This research applied normative legal research and the scientific study of literature. One of interesting to discuss is how to controlled underground space to be exploited to the greatest benefit of the people and the private ownership of underground space. To over come those problematic aspect, the goverment should have underground spatial planning and legal policy to give right of the private ownership of underground space in Indonesia can be done with new regulation. The private ownership of underground space must comply to underground spatial planning and for those controlled by the city council in achieving a sustainable development.

Keywords: spatial planning, underground ownership right, sustainable developmemt, legal certainty

Topic: Social Science and Humanities