Source: Untar Public Relations – CS

The utilization of underground space in Indonesia requires a more comprehensive regulatory framework to provide legal certainty while preventing conflicts over spatial use. This issue became the central focus of Ghary Delia Handojo’s dissertation, which he defended during the doctoral promotion session of the Doctor of Law Study Program, Faculty of Law (FH), Universitas Tarumanagara (Untar), on Saturday (11/7/2026) at Untar Campus I.

In his dissertation, titled Pemanfaatan Ruang Bawah Tanah di Indonesia Perspektif Kepastian Hukum (The Utilization of Underground Space in Indonesia from the Perspective of Legal Certainty), Ghary argued that the existing legal framework governing underground space utilization in Indonesia has yet to provide adequate legal certainty. Current regulations do not clearly define the permissible depth of underground space utilization, the protection of public rights, or the procedures for its use and registration. As a result, overlapping regulations and disputes over spatial utilization remain potential challenges.

According to Ghary, the issue has become increasingly urgent due to the growing demand for land in urban areas. Rapid population growth has reduced land availability, while land prices continue to rise and demand for infrastructure continues to increase.

Under these circumstances, the use of underground space offers a viable alternative to support the development of various infrastructure projects, such as underground transportation networks, without compromising the functionality of surface land.

Ghary proposed two key innovations in his dissertation. The first is the establishment of depth limits for underground space utilization based on its intended function. The second is the creation of Hak Guna Ruang Bawah Tanah (HGRBT) (Underground Space Utilization Rights) as a new legal right that is independent of, and separate from, surface land ownership rights.

“One of the key innovations I propose is the establishment of depth limits for underground space utilization based on its intended function, along with the creation of Hak Guna Ruang Bawah Tanah (HGRBT) as a new legal right that is independent of surface land rights. Through this approach, underground space utilization is expected to provide greater legal certainty for the government, businesses, and the public,” he said.

Ghary completed his doctoral studies with the distinction of Highly Satisfactory and was recognized as the 73rd doctoral graduate of Untar’s Doctor of Law Study Program, Faculty of Law. (CS/YS)