Land Law Research Articles

The Good Faith Of The Buyer Who Controls The Land Based On The Land Sale And Purchase Receipt (Supreme Court Decision Number 801 K / Pdt / 2022)

In Land Law in Indonesia, valid evidence for someone to prove himself as the holder of land rights is the existence of a land certificate in which the name of the right holder is written. With the land certificate, the holder of land rights already has juridical power over the land. Through land certificates that provide juridical control, land rights holders are also entitled to physical control of the land. The position of the landholder whose name and land has been registered is strong which is guaranteed certainty and legal protection. In the event that land becomes the object of sale and purchase, there are conditions and characteristics of buying and selling land that must be met in order for the legal act to be valid. To prove that there has been a sale and purchase of land, it is necessary to prove the existence of a Sale and Purchase Deed made by the Land Deed Making Officer. With the deed, the sale and purchase of land can be registered with the Land Office to provide legal certainty and protect the buyer as the holder of new land rights. The problem is when the process of buying and selling land stops at the process of paying prices only. Meanwhile, the buyer has mastered the land based on the receipt of payment of the sale and purchase price. For this reason, it is necessary to examine the good faith of buyers in buying and selling land in cases based on Supreme Court Decision Number 801 K / PDT / 2022. This research used normative legal research, which was carried out through literature studies. Research methods in analyzing and processing data are carried out qualitatively and are descriptive analytical with deductive logic conclusions.

Rights to Oloran Land (aanslibbing) in Ujungpangkah District, Gresik Regency Prespective of Traditional Land Law in National Land Law System

Rights to Oloran Land (aanslibbing) in Ujungpangkah District, Gresik Regency Prespective of Traditional Land Law in National Land Law System

Land Use Policies and Tenure in Economic Liberalization Regime: Land Law in Agro-Industrial Context

Abstract. The Basic Agrarian Law (BAL) in Indonesia serves as the constitutional foundation for ensuring state control over land, water, and natural resources for the collective welfare of its people. However, the growth of capitalism and the free-market system has had a significant impact on land tenure and utilization by corporations in the country. This paper explores the consequences of economic liberalization, the role of foreign investment, and the resulting disparities between large corporations and local communities in land ownership. It also delves into the need for a balanced legal framework that prioritizes social justice, with a focus on equitable land use that benefits both industries and the broader community. The study adopts a socio-legal research approach to comprehend the practical implications of legal systems in society. By highlighting the interconnectedness of land, humanity, and the divine, and emphasizing Pancasila principles, the findings propose strategies to achieve a harmonious balance between corporate interests and community welfare. Abstrak. Undang-Undang Pokok Agraria di Indonesia memiliki peran penting sebagai landasan konstitusional untuk memastikan penguasaan negara terhadap tanah, air, dan sumber daya alam demi kesejahteraan bersama rakyatnya. Namun, perkembangan kapitalisme dan sistem pasar bebas telah memberikan dampak yang signifikan terhadap penguasaan dan pemanfaatan tanah oleh perusahaan di negara ini. Tulisan ini menjelajahi akibat dari liberalisasi ekonomi, peran investasi asing, serta kesenjangan yang muncul antara perusahaan besar dan komunitas lokal dalam kepemilikan tanah. Selain itu, kami juga akan menggali tentang perlunya kerangka hukum yang seimbang dengan fokus pada keadilan sosial, dan bagaimana pemanfaatan tanah yang adil dapat memberi manfaat bagi baik industri maupun masyarakat luas. Penelitian ini menggunakan pendekatan sosial-legal untuk memahami dampak nyata dari sistem hukum dalam masyarakat. Dengan menyoroti keterkaitan antara tanah, kemanusiaan, dan hal yang Ilahi, serta menekankan prinsip-prinsip Pancasila, penelitian ini akan menyajikan strategi untuk mencapai keseimbangan harmonis antara kepentingan korporasi dan kesejahteraan masyarakat. Kata kunci: Hukum pertanahan, Tata guna lahan, Kepemilikan lahan, Liberalisasi ekonomi, Indonesia

Тhe agricultural land market in Ukraine: the first summary of legal regulation

ANNOTATION: Introduction. ABSTRACT: Introduction. The work is devoted to the analysis of the effectiveness of legal influence on social relations that arose after the opening of the agricultural land market in Ukraine (2021-2022), and the application of economic indicators to determine the effectiveness of land law norms. Establishing in the Basic Law the possibility of authoritative restriction of the right to freely exercise the powers of the owner on a land plot and land circulation in general can be dangerous. Such interventions are associated with the risk that limiting the right to private ownership of land may lead to devaluation of its content, which, in its development, will restrain the economic activity of market participants. At the same time, along with limiting the powers of the private owner of the land, the legislator imposes on the state bodies the duty of reasonable and fair intervention in the activities of the owners of land plots. The Constitution of Ukraine states that the right to own land is guaranteed (according to Article 14), all subjects of ownership and management are equal before the law, the state itself ensures equal protection of their rights (according to Article 13), and the institution of private property rights land is inviolable (according to Article 41).

LEGAL PROTECTION OF OWNERSHIP OF FLATS UNITS AGAINST FOREIGN NATIONALS IN INDONESIA

This paper analyzes the legal protection of ownership of apartment units against foreign nationals in Indonesia. The focus of the study in this paper is the ambiguity of protection and legal certainty in the provisions of Article 144 of the Copyright Law jo. Article 71 paragraph (1) PP No. 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, which regulates the granting of Ownership Rights to Flat Units to foreigners over HGB and use rights if land rights are not extended. The method used is a normative legal research approach, namely a statutory approach and a conceptual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty, the theory of legal protection and the theory of justice. The legal materials used are primary legal materials in the form of legislation, which are complemented by secondary legal materials in the form of reputable journals and the latest literature. The results that can be concluded in this study are the Job Creation Act and PP No. 18 of 2021 does not stipulate if the rights to the land that are the basis of the apartment are not extended or renewed, so that it does not reflect the existence of legal certainty over the ownership of flats by foreigners. This also has implications for the legal protection that will be obtained by foreigners, so that foreigners may lose money when buying flats in Indonesia, because their bargaining position is weaker in Indonesian land law. The purpose of this analysis is to provide certainty and legal protection of ownership of flats for foreign nationals in Indonesia.

Juridical Review of Spatial Planning and Control of Space Utilization in the Situ Kayu Antap Area in the South Tangerang City Area in the Perspective of National Land Law

Juridical Review of Spatial Planning and Control of Space Utilization in the Situ Kayu Antap Area in the South Tangerang City Area in the Perspective of National Land Law

Land Law Evolution and Investment Dynamics: Historical Perspective and Contemporary Development Nexus

Abstract. The enactment of Indonesia’s Job Creation Law in 2020, known as the Omnibus Law, marked a pivotal moment in the country’s pursuit of economic growth and legal reform, aiming to foster job opportunities and sustainable development while streamlining regulatory frameworks and attracting investments. This paper presents a comprehensive analysis that explores the law’s implications in comparison with historical policies such as the 1992 Deregulation Policy Package and the 1993 Deregulation Policy Package. Utilizing qualitative methodology, the research investigates economic impacts through a thorough review of legal documents, policy reports, scholarly articles, and relevant literature, employing thematic analysis to uncover recurrent themes and patterns. The study elucidates how these policies have shaped Indonesia’s economic landscape, highlighting their interplay and contribution to the nation’s ongoing economic trajectory, offering valuable insights into the intricate dynamics between legal reforms and economic development. Abstrak. Pemberlakuan Undang-Undang Cipta Kerja di Indonesia pada tahun 2020, yang dikenal sebagai Omnibus Law, menandai momen penting dalam upaya pertumbuhan ekonomi dan reformasi hukum negara tersebut, dengan tujuan menciptakan peluang kerja dan pembangunan berkelanjutan sambil menyederhanakan kerangka regulasi dan menarik investasi. Makalah ini menyajikan analisis komprehensif yang menjelajahi implikasi hukum ini dibandingkan dengan kebijakan historis seperti Paket Kebijakan Deregulasi 1992 dan Paket Kebijakan Deregulasi 1993. Dengan menggunakan metodologi kualitatif, penelitian ini menyelidiki dampak ekonomi melalui tinjauan mendalam terhadap dokumen hukum, laporan kebijakan, artikel ilmiah, dan literatur relevan, dengan menerapkan analisis tematik untuk mengungkapkan tema-tema dan pola-pola yang berulang. Studi ini menjelaskan bagaimana kebijakan-kebijakan ini telah membentuk lanskap ekonomi Indonesia, menyoroti interplay mereka dan kontribusi terhadap lintasan ekonomi negara, memberikan wawasan berharga tentang dinamika rumit antara reformasi hukum dan pembangunan ekonomi. Kata kunci: Undang-Undang Cipta Kerja, Dampak ekonomi, Reformasi hukum, Pembangunan berkelanjutan, Daya tarik investasi

Review of Land Use/Cover Change Research in China— Visual Analysis based on Bibliometrics

Since the mid-20th century, the global population has increased dramatically, and human activities have encroached on a large number of natural spaces, resulting in drastic land use/cover changes. A series of ecological security problems took place as a result, such as climate change, environmental pollution, and resource shortage, posing severe challenges to global sustainable development. As the largest and the most populous developing country in the world, China’s land use/cover change is more prominent compared to that of other countries. Therefore, the comprehensive analysis of land use/cover change in China is of great significance in dealing with global change, repairing ecological damage, and alleviating the contradiction between man and land. Based on the literature of land use/cover change in China from 2012 to 2022 in the Web of Science database, this paper analyzes the research status, characteristics, regional differences, and evolution law of land use/cover change in China by using Bibliometrix and Biblioshiny software packages. The results show that: (1) The annual number of papers published in the field of land use/cover change in China is steadily increasing. However, the average annual citation amount fluctuates but shows a general downward trend; (2) From 2012 to 2022, a total of 73, 157 authors published articles in the field of land use/cover change in China, among whom Zhang Yili, Liu Yansui, and Li Xiubin ranked the top three; (3) 153 countries or regions in the world have literature output in the field of land use/cover change in China, and the top three output countries are China, the United States and Germany. Among research, papers from China and the United States has played an important role in international cooperation in the field of land use/cover change in China; (4) The key words of land use/cover change research in China can be divided into three categories: the first category focuses on the research of driving factors/factors of land use/ cover change in China; The second category focuses on the models and technical methods of land use/cover change research in China; The third category emphasizes the role of policies and government management; (5) During the ten years from 2012 to 2022, the theme of land use/cover change in China changed little, mainly focusing on climate change and management.

Ownership of Agricultural Land and Residence For Husband and Wife Who Are Different Citizens (Mixed Marriage)

There is a fundamental difference between land and agricultural land. The soil itself is the main component of land and has the bearing capacity so that it can withstand the weight of it and the raw materials for making various kinds of goods. While agricultural land is an area on the surface of the earth that has certain criteria such as atmosphere, soil, geological layers, hydrology, biosphere, and plant and animal populations. Based on the provisions of land law in Indonesia every land can be given rights, such as property rights. This study aims to find out and analyze the ownership rights to agricultural land and residence for married couples with different forms of marriage (mixed). This research was conducted using a normative juridical approach. Legislation, literature, publications, and periodicals on the marriage agreement are the legal sources used. The results of the research show that the provisions of the laws and regulations in Indonesia regarding ownership rights to agricultural land and residence for married couples with different nationalities must be based on the marriage agreement that was made. The form of the marriage agreement that is made contains the separation of assets owned by married couples of different nationalities. Because of Indonesian land law, which states that only Indonesian residents can acquire ownership rights to land.

The concept and features of the restriction of land rights of foreign individuals and legal entities in Ukraine

Purpose: the purpose of the article is to conduct an analysis of the peculiarities of the restriction of land rights of foreign natural persons, stateless persons and foreign legal entities under the legislation of Ukraine, as well as to formulate on this basis the definition of the specified term for the improvement of land legal terminology. Method. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material, as well as the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: analysis and synthesis, systemic-structural, comparative-legal, and historical-legal methods. Results. In the process of research, the meaning of the term "limitation of rights to land" of foreign individuals and legal entities in Ukraine was determined, which consists in the establishment of certain prohibitions that define the limits of possible behavior and lead to a narrowing of the scope of the land powers of the specified subjects in the process of acquiring and exercising rights by them ownership of land plots and land use rights, which complicates or makes impossible the acquisition or realization of their land rights. The term "restriction of rights to land" should be distinguished from the term "burdening rights to land" of foreign individuals and legal entities in Ukraine, which consists in imposing additional obligations on foreign entities in the process of exercising their rights to land, which complicates their realization land rights. Originality. In the process of the analysis, it was proven that restrictions on the land rights of foreign natural persons, stateless persons and foreign legal entities are established in the same scope and order as for citizens of Ukraine and legal entities of Ukraine. In addition, additional restrictions on land rights of foreign subjects may be established by provisions of the Civil Code of Ukraine, other land laws for reasons of ensuring national security, preserving land as the main national wealth of Ukraine, ensuring priority access to land rights of citizens of Ukraine and legal entities of Ukraine. Practical significance. The results of the study can be used in the research field - for the further development of the problems of legislative regulation of restrictions on the rights to land of foreign natural persons, stateless persons and foreign legal entities under the legislation of Ukraine, as well as in the rule-making work - in the preparation of draft regulations , aimed at improving the legislative regulation of the legal status of foreign individuals, stateless persons and foreign legal entities as subjects of land relations.

Perceptions and Land Law Influences: Unravelling Colonial Land Law and Forest Management Policies During British Malaya Era

Perceptions and Land Law Influences: Unravelling Colonial Land Law and Forest Management Policies During British Malaya Era

Ketentuan UUPA N0 5 Tahun 1960 Tentang Konversi Hak-Hak Atas Tanah Dalam Pembangunan

The land registration process requires certainty of the physical data of the land object as well as certainty of the juridical data of the land subject as well as the party providing information regarding the truth of the land ownership. The certainty of physical data and juridical data will determine the quality of the certificate product and guarantee against lawsuits from other parties who feel they own the land. Participation will be realized if the community has an understanding of the greater benefit value if their land is registered and certified. The formulation of the research problem includes: how is the conversion of land rights regulated and what are the legal consequences of the conversion of land rights. The type of research used is normative legal research. The conclusions of this research include: Regulation of conversion of land rights, including Law no. 5 of 1960 was promulgated on September 24 1960, which marked the formation of the National Land Law. One of the objectives of the promulgation of Law no. 5 of 1960 laid the foundations for establishing unity in Land Law.

Legal Regime of Water Covered Lands on the New Round of Development

The article provides a detailed analyses of the amendment to Article 102 of the Land Code of the RF introduced by the Federal Law dated 11.6.2021 No. 163-FZ. It is concluded that exclusion from the article of a provision that earlier prohibited creation of land plots on water-covered lands would cause uncertainty in correlation between land use and water use law in cases connected with allocating of water objects, including allocating of lands covered by waters into use. Another amendment that envisages that water covered lands entirely located within lands of other categories shall be excluded from the category — water covered lands, requires to review the institute of federal ownership of water covered lands and to add clarifications to land law concerning admissibility of general civil transactions rules to lands with water objects within other land categories, including land leasing rules without involving water law. As summarized, the author states that a new concept on separation of juridically indivisible water and water covered lands is being introduced into land and water law. To prevent legal uncertainties in law implementation and compliance it would be needed to harmonize respective provisions of land and water legislation.

Medieval Irish Land Law as an Alternative Justice System in Nineteenth- and Twentieth-Century Ireland, Denmark, and Norway

Medieval Irish Land Law as an Alternative Justice System in Nineteenth- and Twentieth-Century Ireland, Denmark, and Norway

Review of the monograph "Actual issues of the modern paradigm and prospects for the development of agrarian and land law of Ukraine"

Taking into account the set of reasons of an objective and subjective nature, today there is an urgent need to revise the ideas, views, concepts established in the theory of agrarian and land law on the legal nature of modern agrarian and land law and a gradual transition to a new paradigm of legal regulation of agrarian, land and related social relations taking place in the agricultural sector.
 It is worth noting that in recent years there have been high-profile events in society and the state in the field of globalization of agri-food markets, liberalization of trade, modernization of management of the agri-food sector, implementation of land rights, use and protection of land, and in general state regulation of agrarian and land relations. The above allows us to ascertain the presence of systemic problems in modern agrarian and land legislation, since the established principles, methods and means of legal regulation do not fully ensure the effective functioning of the specified relations. In addition, both agrarian and land law belong to branch legal sciences that are dynamically developing. Therefore, in modern conditions, the doctrine of agrarian and land law faces new problems, caused primarily by global, national and regional challenges of an economic, social, political, ecological and legal nature.
 In view of the above, the collective monograph "Agrarian and Land Law of Ukraine: Modern Paradigm and Development Prospects" edited by Doctor of Law, Professor Anatoliy Pavlovich Hetman and Doctor of Law, Professor Tetyana Viktorivna Kurman is extremely relevant and timely. The relevance of this work lies in the need for a scientific and theoretical study of the methodological and scientific foundations of the legal regulation of agrarian and land relations and the improvement of the mechanism of legal regulation of these relations.

TITIK SINGGUNG SENGKETA PERTANAHAN DI LINGKUNGAN PERADILAN UMUM, AGAMA, DAN TATA USAHA NEGARA

<p><em>The judiciary courts under the Supreme Court have the authority as stated in Article 25 of Law Number 48 of 2009, which are District Courts, Religious Courts, Military Courts, Administrative Courts. However, there is an intersection of land dispute cases in the General, Religious, and State Administrative courts. Disputes over court decisions include the disputing parties’ inacceptance of the court decision. Court decisions unable to be be executed because the ownership status and owners have changed.</em></p><p><em>The different legal consequences for the dispute object status of the same case will make the case more complicated, the resolution is not fast and the costs are not cheap. So that it is not in accordance with the principle of simple justice, fast and low cost and there are differences in the interpretation. In order to create fair and just law enforcement in Indonesia, namely the existence of the following pillars: Fair and correct law enforcement.</em></p><p><em>The existence of law enforcers with dignity, professionalism, integrity and the creation of a conducive social environment (a society that is aware of the law). With the case and statutory approach method, an agrarian court was formed to resolve disputes related to land cases, its job is not only to examine formal books but material truth by understanding the principles of land tenure and ownership provided for by the national land law. Improving the chamber system in settlement of land cases or disputes.</em></p>

NURTURING TALENTS OF GEOMATICS SURVEYORS TO MEET THE CHALLENGES OF LAND SUPPLY, WORKS PROJECTS AND SMART CITY OF HONG KONG

Abstract. The challenges brought by a growing number of large-scale land development projects (e.g., Northern Metropolis, Lantau Tomorrow, and related infrastructures) in Hong Kong must be met by innovative land acquisition planning and processes. A recent quick win solution to land supply for Works projects has been in trial commissioning the provisional draft land resumption plan preparations and related survey works from the government to consultants, specifically the Authorized Land Surveyor (ALS) in the private sector. The industry therefore must consider the necessary and diverse sources of expertise available, and the existing land surveying technical resources that will render support to such new initiatives. Collaboration is called for between the spheres of public sector, education, and works industry to successfully move the use of cadastral survey for land management forwards, bridging the gap between lands and works practices for efficient processing of Works projects, and smart city development of Hong Kong.This paper will examine the new approach of professional surveying that private practicing ALSs bring, and why the overall number of ALS and engineering surveyors in the construction industry is growing so slowly. It will additionally compare Hong Kong's practice with that of the mainland China, Singapore, and the UK to grasp global learning points. The paper recommends the establishment of a Cadastral Survey Lab (CSL) firstly to explore the policy implementation of a sound cadastral system. The processing of lot boundary determination by ALS is reviewed. The regulatory roles of the Land Survey Authority (LSA) are requested in approving new land boundary plans; this both replaces the Demarcation District (DD) Sheet boundary and improves land boundary records. Secondly, the CSL can serve as a coordinating body in curating various kinds of land records from diverse sources, and aids the research and knowledge management of cadastral survey, land law, land tenure, land registration systems, land boundary record keeping, problematic lot boundary determination, etc. These topics can be considered in the refining geomatics education curriculum, and furthermore developed into guidance notes for geomatics survey practitioners.The evolution of the traditional land surveying profession into the geomatics services has become a recent international trend that is growing in popularity in the survey profession. Combining geo-spatial data from the planning and design stages, alongside the use of standardised survey data processing in project implementation and asset management, would encourage data sharing, avoid duplicate efforts, and facilitate the formation of a digital city. The spectrums of geomatics education in universities should be widened with a refined curriculum on combining geomatics with cadastral survey that has evolved from the traditional lot boundary survey to multi-purpose cadastre, city information modelling, urban informatics, smart city administration, and a full-blown Spatial Data Infrastructure (SDI).

Learning modules: problem-based learning, blended learning and flipping the classroom

ABSTRACT In 2020, the author introduced a new learning and assessment programme to the compulsory Land Law course at the University of Auckland, Faculty of Law. This article introduces, explains and evaluates the programme design. The Learning Modules programme has five components: structured pre-tutorial activities guiding students through a problem; tutorials in which tutors facilitate discussion on the problem; post-tutorial quizzes testing understanding of ideas arising in the problem; and exam-oriented review exercises in the form of modelling exercises and example exercises. First, the article discusses three pedagogical theories: problem-based learning, blended learning and flipping the classroom. Secondly, the article outlines the Learning Modules programme. Thirdly, the article uses student survey data from 2020 and 2021 to evaluate the extent to which the programme represents problem-based learning, blended learning and flipping the classroom. In doing so, the article considers how closely a programme needs to conform with the classical characteristics of each theory to be considered to represent them. The article concludes that the programme can be said to represent each of the three theories, depending on how they are formulated.

Synthesis of ecological and economic aspects as methodological bases for constitutionally motivated land-nature-use in modern Ukraine

An analysis of ecological and economic aspects of land-nature-use was carried out, based on the essence of new theoretical knowledge of constitutional land law acquired by us as a modern need for urgent institutionalization of current constitutional land norms. The purpose of the article is to reveal the main empirical results of the analysis and synthesis of ecological and economic aspects in relation to the methodological foundations of land-nature-use for the application of methods and methods of assessment of natural resources (natural objects) as scientific and practical prerequisites for legal nature use based on current land regulations Constitution of Ukraine. It has been established that the ecological and economic aspects in relation to the methodological foundations of land-nature-use are an integral part of the normative-legal aspects and are completely consistent with each other, since their essence is based on the same land norms of the Constitution of Ukraine. It has been proven that ecological and economic relations are relations that arise between specific subjects of property rights, which are, on the one hand, the Ukrainian people (all citizens of Ukraine) as the absolute owner of all natural resources (objects), and on the other hand — the owner (lessee) of a land plot (object of civil rights) as the «owner» and «user» of natural resources (objects) owned by someone else — the main national wealth, which de jure is under the special protection of the state. Since, in accordance with the Constitution of Ukraine, the ownership of the land and its natural resources by the Ukrainian people obligates and must not be used to the detriment of man and society, it is imperative, first of all, to identify and certify all natural objects that have a nature reserve, nature protection, recreational, historical, cultural and other value. It was established that only under the conditions of implementation of the current constitutional norm of «use» of the property of the Ukrainian people, instead of the imaginary norm in the Land Code of Ukraine (Article 79) and the Civil Code of Ukraine (Article 373) — "distribution", a responsible and effective obligation will arise the obligation to carry out legal nature use and real protection of land and its natural resources as natural objects of someone else’s property for all categories of land, especially agricultural land.

Land Rights in the Land Law System in Indonesia According to the Basic Agrarian Law Number 5 of 1960

Law No. 5 of 1960. This law explains that land law in Indonesia is Unofficial. This means that all issues, status, and legal basis of land in Indonesia must refer to UUPA No. 5 of 1960. Actually, this UUPA is a land nationalization project in Indonesia. So that land is properly owned and enjoyed by Indonesian citizens so that foreign nationals do not have the right to land in Indonesia except Hak Pakai. This control is not meant to be Hak Milik, but the state controls land in the sense that the State is given the right to manage land in Indonesia for the prosperity of the Indonesian people themselves. There is recognition of customary law rights, especially in the land sector which is famous for the existence of Customary Rights. The UUPA itself provides recognition of Customary Land Rights. The concept of customary rights is in line with Article 6 of the UUPA that land must have a social function. This means that the function of land is not only for personal interests, but more importantly for the benefit of the wider community or for the common good. Individual rights to land also receive recognition from the UUPA such as Hak Milik (HM), Hak Guna Usaha (HGU), Hak Guna Bangunan (HGB), Hak Pakai (HP), Waqf and Land Security Rights. So it is clear that the Indonesian land law system is indeed based on the noble values of the Indonesian nation itself such as togetherness, justice, prosperity and kinship in land control and utilization while adhering to the principle that land must have a social function.