Abstract
One of the tasks of the Ministry of Agrarian and Spatial Planning/National Land Agency of the Republic of Indonesia is to provide types of land rights in each region throughout Indonesia. The purpose of this study is aimed for the institution of the National Land Agency throughout Indonesia to provide land rights based on the type of land allocation and its usage. This is a normative legal study in which data were collected through library research with the support of empirical data from the Land Agency of Medan. The allocation system, a type of land zone division system, is utilized by the Municipal Land Affairs Office of Medan to establish land rights. Building rights are granted by the Land Agency when a zone has been allocated as a trading area, although in practice there are still a lot of lands used for residential purposes. The designation system for the granting of land rights assigned by the Municipal Land Affairs Office of Medan, based on Regional Regulation No. 2 of 2015, failed to uphold justice for the people of Medan that applied for the rights to the land under their name. Therefore, a more applicable system is the existing spatial system or a system based on the land’s actual use in practice Keywords: National Land Agency, spatial planning, allocation system, land use, spatial management
Highlights
The State Rights to control the land, water, space and natural resources contained therein does not equal to its ownership
The 1945 Constitution is in the framework of the order of laws or hierarchy of laws and regulations in Indonesia following the provisions of Law No 12 of 2011 which occupies the highest position
Based on the above description relating to the land usage system or guidelines for establishing a zone under the spatial concept, it is clear that the existing land usage system is more appropriate to establish zones in an area rather than the allocation system that can lead to injustice and cause a commotion in the community
Summary
The State Rights to control the land, water, space and natural resources contained therein does not equal to its ownership. Indonesian citizens can own strong and full property rights Such rights can be obtained under certain conditions following the provisions contained in the Agrarian Law and other regulations in the land management system (Ramadhani, 2018). The continental European law that regulates the civil relationship is called civil law, which is enforced in Indonesia through codification meaning that the civil law prevailing in the Netherlands is fully implemented in Indonesia. This can be seen from the Dutch colonial law that is still valid today, namely the Civil Code, a civil law procedure that is applicable in Java and Madura (HIR) as well as in Sumatra and Bali (RBG). After the Dutch occupation ended, a national agrarian law based on customary law was issued in the form of Basic Agrarian Law (BAL) No 5 of 1960
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