Indonesian court rules on duration of land rights in Xindu

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The Constitutional Court (MK) recently ruled on the review of the duration of land rights in the new capital (IKN) in Act 21 of 2023, emphasizing that nation-building cannot override the Constitution.The Constitution provides for land, water and natural resources to be under the control of the state for the maximum well-being of the people.MK argues that granting the right to cultivate, build and use for up to130 - 190 year period is too longand may cause the country to lose control of strategic land assets.

The ruling is not to impede construction, but to ensure that construction is carried out in accordance withconstitutional trackThe State is in control and the people are benefiting.Land rights are not reduced to a tool for the long-term interests of capital.IKN land issues involveStates, investors and neighboring populationstripartite benefitLand is not a commodity but a strategic resourceMK has set more modest durations: up to 35 + 25 + 30 years for farming rights, 30 + 20 + 30 years for building rights, and similarly for use rights, and subject to objective assessment criteria, with no automatic extensions.

The Government needs to re-program the relationship between land and investment.Mismanagement can be detrimental to the interests of present and future generations. The ruling, while not a deterrent to investment, remindsInvestments cannot be made at the expense ofIntergenerational equityand national control over strategic assets at the expense of.. The Government needs to review the relevant regulations to bring them into line with constitutional principles, balance public and investor trust, and ensure that construction is carried out in theThe principle of the rule of lawAdvancing under, let IKN become a symbol of the country's mature management construction.

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