Hakikat Pengaturan Penertiban Tanah Terlantar (The Nature of Abandoned Land Control Regulations)

Anggles, Santo Yosep (2022) Hakikat Pengaturan Penertiban Tanah Terlantar (The Nature of Abandoned Land Control Regulations). Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

The definition of abandoned land is land that is not used or cultivated according to its nature, purpose, and condition, and the plot of land needs to be utilized with the issuance of the Job Creation Law with its implementing regulations PP no. 20 of 2021 concerning Control and Utilization of abandoned land is based on the provisions of Article 180 of the Job Creation Law. In Article 1 number (5) that: "Abandoned land is land that is abandoned by the holder of land rights, management rights holders or parties who have obtained the basis of control over land but have not obtained land rights in accordance with the provisions of the applicable laws and regulations". Based on Article 181 of the Job Creation Law in conjunction with Article 37 of PP No. 20 of 2021, there is a blur in the regulation of the utilization of abandoned areas and/or land, because the Ministerial Regulation as the executor of PP No. 20 of 2021 has not yet been formed. Based on the results of the study, it was concluded that the nature of the regulation on the determination of land rights used was not in accordance with its function as abandoned land, that land rights were used as much as possible for the prosperity of all the people as stated in Article 33 paragraph (3) of the 1945 Constitution, for that the government tried to make efforts to Business in the agrarian field is regulated in such a way that it increases the production and prosperity of the people and guarantees for every Indonesian citizen a standard of living in accordance with human dignity, both for himself and his family as stipulated in Article 10 in conjunction with Article 13 of the BAL. The stipulation of land parcels as abandoned, the state has the authority to regulate it, as stated in Article 2 of the LoGA. The plot of land is for the greatest benefit of all the people through land reform. The issuance of PP No. 20 of 2021 concerning the Control and Utilization of abandoned land, it is no longer in the interest of the greatest prosperity of the people as stated in Article 33 paragraph (3) of the 1945 Constitution through land reform, but becomes a State Asset through the Land Bank and/or TCUN and managed by the Land Bank. As a result of the law enforcement and utilization of abandoned land, it can become a State Asset through the Land Bank and/or TCUN and managed by the Land Bank, that based on Presidential Regulation No. 86 of 2018 concerning Agrarian Reform is intended to reorganize the structure of control, ownership, use, and utilization of land that is more equitable through Asset Management and accompanied by Access Management for the prosperity of the Indonesian people. Utilization of TCUN is intended for agriculture and non-agriculture in the interest of society and the state through agrarian reform. This means that land parcels that are designated as abandoned land, land redistribution as well as being the basis for people's welfare in line with the provisions of Article 33 paragraph (3) of the 1945 Constitution, through land reform, do not become assets of the Land Bank. Keywords: The nature of regulation, control of abandoned land, utilization of abandoned land.

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