The Existence of Land Bank Institution in Supporting Land Procurement for National Development in Perspective of Indonesian Agrarian Law

Arnelli Darwita

doi:10.7176/jlpg/112-18

Abstract

Land is a basic human need for a place to live and earn a living for human life. Population growth is getting higher day by day while land for housing is static so that land is increasing in price, this is a problem that must be solved. The state in carrying out national development also needs land for physical development such as infrastructure facilities, roads, bridges, hospitals, dams and others. In the realization of land acquisition for national development, land conflicts often occur between the Government and Land Owners and even go to court. The government in various ways is looking for a way out for land acquisition for development to minimize agrarian conflicts and prepare land that is ready for use if needed for the public interest by establishing a Land Bank. Land Acquisition for development for the public interest is regulated in Law No. 2 of 2012 with the technical regulation namely Government Regulation No. 71 of 2012. Several provisions in Law No. 2 of 2012 have been amended in Law No. 11 of 2020 concerning Job Creation as an Omnibus Law, which means the regulation made based on the compilation results or the result of combining several rules with different substances and levels and the technical regulation, whereas the Land Acquisition regulated in Article 136 until 148 of the Law and the technical regulation is The Government Regulation No. 19 of 2021. The promulgation of Law Number 11 of 2020 which regulates the Land Bank is in the Article No 125 until 135 and followed orderly technical regulations, namely The Government Regulation No. 64 of 2021, is expected to be a solution for the Government to prepare land for development so that national development is not disturbed and minimizes land conflicts among the people, especially the people holding ownership rights to land. The implementation of the establishment of the Land Bank must be continuously monitored by all components of the community so that its implementation does not violate the laws and regulations and still refers to Article 33 paragraph (3) of the 1945 Constitution. Keywords : land acquisition, land bank, public interest. DOI: 10.7176/JLPG/112-18 Publication date: August 31 st 2021

Highlights

The Preamble to the 1945 Constitution (Indonesian Constitution) mandates that the goal of the Republic of Indonesia is to protect the entire nation and the entire homeland of Indonesia, promote public welfare, educate the nation's life and participate in maintaining world order
The revocation of land rights is regulated in Article 18 of the Basic Agrarian Law which states that for the public interest, including the interests of the nation and state as well as the common interests of the people, land rights can be revoked by providing appropriate compensation and in a manner regulated by law
With such a large area of the country, to this day, Indonesia is still in the process of completing and perfecting land data throughout Indonesia to minimize land conflicts faced in land acquisition because stakeholders still often have difficulty determining who has the right to land, how much and how much land. how much compensation is appropriate to be given

Summary

Introduction

The Preamble to the 1945 Constitution (Indonesian Constitution) mandates that the goal of the Republic of Indonesia is to protect the entire nation and the entire homeland of Indonesia, promote public welfare, educate the nation's life and participate in maintaining world order. Determine and regulate legal relations between people and the earth, water, and space; Land Acquisition for development for the public interest is a necessity of a sovereign state to advance the development of its nation in all fields of state and national life. In carrying out the land acquisition, the Government often encounters obstacles because there is often a mismatch between the requests from those entitled to the land and the government that will use the rights. To overcome this problem, it was overviewed the establishment of a Land Bank to anticipate the need for land for national physical development

Discussion

Conclusion