The legality of land lease by the state-owned company pt. kai (Persero)

 
 
 
  • Abstract
  • Keywords
  • References
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  • Abstract


    Indonesia Train Company or PT Kereta Api Indonesia (hereafter referred to as PT. KAI (Persero) is a State Owned Campany or Badan Usaha Milik Negara (BUMN), which needs resources to carry out its business. To boost its capital, PT.KAI (Persero) leases its unused land located along the railways that have been closed due to ineffectiveness or the decrease in the operation. This lease carried out over either certified or uncertified land. Although many of the trains in West Sumatra no longer work since independence, PT. KAI (Persero) still leases land. The lease is done in the form of lease quotation document whose format is solely determined by PT.KAI (Persero), similar to a standard contract. In such quotation, the state is leaser and the leaseholder is only obliged to pay for the lease and enjoy / use the land without a balanced agreement. This situation raises the following question: does the arrangement and status of right and lease of land by PT.KAI (Persero) to the public have any legality / legal validity? The study draws on socio-legal data, both primary and secondary obtained through library and field research. The research was conducted in Regional Division II of West Sumatra with land tenants / users of lands that are deemed as assets by PT KAI (Persero). The site was chosen purposively. The results reveal that the leases of PT. KAI (Persero) arein accordance with the provisions of the Ministerial Decree on State-Owned Company along with the Regulation on Railways. However, land leases by PT.KAI (Persero) basedon the Decision Letter from the Ministry of State Owned Company, which is not specifically intended to PT.KAI (Persero), is illigal

     


  • Keywords


    Land Lease; State-Owned Company; PT Kereta Api Indonesia.

  • References


      [1] Arsyad, S., & Rustiadi, E. (2008). Penyelamatan tanah, air, dan lingkungan: Yayasan Pustaka Obor Indonesia.

      [2] Mirawati, Y. (2015).

      [3] Mirwati, Y. (2017). Leasing of land by indonesian railways - legal or not? International Journal of Business, Economics and Law, 12(4).

      [4] Pt.Kai. (2016).

      [5] Roi. (1960). Undang-Undang No. 5 Tahun 1960, Tentang Peraturan Dasar Pokok-Pokok Agraria Presiden Republik Indonesia, .

      [6] Zein, R. (1995). Hak pengelolaan dalam sistem UUPA: Rineka Cipta.

      [7] The 1945 Constitution of the fourth amendment

      [8] Law No. 5/1960 on Basic Regulations of Agrarian Principles.

      [9] Indonesian Civil Code Law (Indonesian Civil Code)

      [10] Law Number 2/2012 About Land Procurement For Public Interest

      [11] Law Number 26/2007 About Spatial Planning

      [12] Law Number 19/2003 on State-Owned Companies


 

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Article ID: 13308
 
DOI: 10.14419/ijet.v7i2.29.13308




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