IMPLICATIONS OF TRANSFER OF AUTHORITY OF LEGAL ASSURANCE ORIENTED LAND UTILIZATION LICENSE

Abstract

This research study aims to analyze theoretically the validity of the issuance of land use permits by the Online Single Submission Institution, which is oriented towards legal certainty. The problems that arise regarding the implications of the transfer of authority to issue land use permits from the Regional Government to the Online Single Submission Institution.

This study uses a normative legal research method, which examines the problem of legal certainty based on the level of legal norms. Prescriptive nature of research. By using the statutory approach (Statute Approach), the Conceptual Approach. The theory that the author uses is the Stufenbau Des Recht Theory by Hans Kelsen and the Gustav Radbruch Legal Assurance Theory that law is normative because of the value of justice (Legal Certainty).

The conflicting legal principle of lex superior derogat legi priori, theoretically raises the invalidity of legal norms and legal uncertainty, where the validity of the authority to issue permits can be judged to be forced and beyond the authority regulated in the law.