The Legal Certainty of Right to Manage the Mandalika Special Economic Zone Endang Pandamdari
Doktor Ilmu Hukum Fakultas Hukum Universitas Trisakti
Abstract
Special Economic Zone is a zone with certain boundaries within the jurisdiction of the Unitary State of the Republic of Indonesia which is determined to carry out economic functions and obtain certain facilities. The Government Regulation number 52 of 2014 stipulated Mandalika Special Economic Zone as an area of 1,035.67 hectares in Punjut District, Central Lombok Regency, West Nusa Tenggara Province, which is a tourism zone. This study aims to describe the land status of the Mandalika Special Economic Zone and analyze its legal certainty of the right to manage. Therefore, the research questions were formulated into how is the land status for the Mandalika Special Economic Zone in terms of national land law and how is the legal certainty of the right to manage the Mandalika Special Economic Zone according to the Decision of the Supreme Court of the Republic of Indonesia number 634 K/Pdt/2022. The research method used was normative legal research using secondary data which was analyzed qualitatively. The result of this study described the suitability of the land status for the Mandalika Special Economic Zone with the national land law, namely land tenure of right to manage by Indonesia Tourism Development Corporation as the official holder of the right to manage certificate. However, in this Special Economic Zone there was a plot of land that was claimed to belong to Gema Lazuardi with an area of 60 acres. This land dispute was settled through the court. According to the Decision of the Supreme Court of the Republic of Indonesia Number 634 K/Pdt/2022, the land object of the case is declared valid right to manage by Indonesia Tourism Development Corporation. The certificate of right to manage was used as the strongest evidence of land ownership and guaranteed legal certainty.
Keywords: land, right to manage, special economic zone, legal certainty
