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Reconstruction of Harmonized Agrarian Regulations Within the Framework of the Basic Agrarian Law and the Job Creation Law in Resolving Land Conflicts in Indonesia Agusra Yendri; Rineke Sara
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 3 No. 3 (2026): Mei: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v3i3.1702

Abstract

The study analyzes and reconstructs the harmonization of agrarian regulations to achieve social fairness and legal certainty in the settlement of land disputes in Indonesia within the parameters of the Basic Agrarian Law and the Job Creation Law. Through a methodical and teleological interpretation of Article 33 paragraph (3), this study uses a normative juridical method with a statutory and analytical approach. The research results show that there is normative disharmony in the regulation of the time period and extension of land rights, as well as the strengthening of land management institutions, which has the potential to shift the orientation of agrarian legal politics from the agrarian reform paradigm towards an investment-based land access liberalization approach. The lack of synchronization not only creates problems of legal certainty but also has implications for increasing agrarian conflicts and inequality in land ownership. Therefore, it is necessary to reconstruct the harmonization of agrarian regulations based on constitutional supremacy, strengthen the social function of land, and limit the concentration of land ownership as strategic instruments to realize a just and constitutional national land system.