Agrarian Reform in the Implementation of Land Procurement for Development Based on Justice Value

Abstract

The purpose of this study is to analyze and find the weaknesses of agrarian reform in the implementation of land acquisition for development that has not been fair and how to reconstruct the law based on the value of justice. This study uses a constructivist paradigm with a sociological juridical approach to solving research problems by examining secondary data and primary data by finding legal realities experienced in the field as well as qualitative descriptive methods, namely where the data obtained is then arranged systematically so that a comprehensive picture will be obtained, where later the data will be presented descriptively. Based on the research results, it was found that the Weaknesses of agrarian reform in the implementation of land acquisition for development have not been fair, namely in terms of legal structure where there is overlapping issuance of a decision from agencies directly related to land and agrarian reform. in terms of legal substance Amendments to Law no. 2 of 2012 concerning Land Acquisition for Public Interest which is regulated in the Job Creation Law and Government Regulation no. 19 of 2021 concerning the Implementation of Land Procurement for Public Interest, has made agrarian conflicts escalate. The three aspects of legal culture namely the presence of a national strategic project in an area create conflict between communities in their respective interests. Therefore, the legal reconstruction of agrarian reform in the implementation of land acquisition for development based on the value of justice intended by the author is in the Part Three of Protection of Sustainable Food Agricultural Land Article 124 paragraph (2) In the case of public interest, Sustainable Food Agricultural Land as referred to in paragraph (1) can be converted, and implemented in accordance with the provisions of laws and regulations.