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Desi Rahmawati
Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia
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The Disharmonization of State Control Rights over Land in Agrarian Reform After the Enactment of the Job Creation Law Desi Rahmawati; Annalisa Y.; Firman Muntaqo; Iza Rumesten RS.
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.49120

Abstract

This research aims to find out the concept of the Right to Control the State (HMN) over land in agrarian reform after the enactment of the Job Creation Law (UU CK). Through juridical normative law research that focuses on the norms contained in the CK Law and its implementing regulations, namely PP 18 of 2021 and PP 64 of 2021 on the norms regulated in the UUPA. This research uses qualitative research, which is a form of social research whose research design is influenced by the data obtained in the research, in this case analyzing the articles in the CK Law, and its implementing regulations. The concept of HMN over land is regulated in the constitution of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, namely the concept of HMN over agrarian resources with the authority to regulate the planning, management, and utilization of agrarian resources for the greatest prosperity of the people in the concept of the state as a ruler with the authority to regulate, not the state as the owner of land as stated in the CK Law. The HMN regulation in the CK Law creates disharmony in agrarian reform regulations because it causes an overlap of authority that causes a conflict of interest, the expansion of land objects of agrarian reform (TORA), namely HGB, HGU and Pause Rights.
Co-Authors Annalisa Y. Firman Muntaqo Iza Rumesten RS.