Land Bank's Regulation in Accordance with Principle of State's Right to Control

Abstract

The purpose of this paper is to identify and analyze the position of the land bank based on the principles of the state's right to control and to find out the harmonization of land bank arrangements in accordance with the Indonesian Agrarian Law. This research method uses normative legal research methods related to using a statutory approach and comparative approach. The results of this paper indicate that the state’s right to control principle of the regulation related to land banks does not give rights to land ownership in the form of property rights, however only has the right to control the state which is implemented into management rights therefore that even state-formed legal entities cannot have property rights, as well as land banks. The harmonization based on the principle of the state’s right to control can be analyze by using the principle of legislation or principle of preference in the form of the principle of lex superiori derogat legi Inferiori, in this case the land bank regulation in the Job Creation Law must be set aside. Keywords: Land Bank’s Regulation, States Right, Indonesian Agrarian Law