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Journal : Amicus Curiae

PELAKSANAAN REDISTRIBUSI TANAH DALAM RANGKA REFORMA AGRARIA DI KABUPATEN KUBU RAYA : Implementation of Land Redistribution in The Framework of Agrarian Reform in Kubu Raya District Deviana Putri; Endang Pandamdari
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19608

Abstract

The agrarian reform program launched by the government basically aims to improve the welfare of the people, especially landless farmers. Through Presidential Regulation Number 86 of 2018 concerning Agrarian Reform, the government is trying to redistribute land for farmers, including those carried out in Kubu Raya Regency. However, in practice the land redistribution program carried out by the government isn’t in accordance with the procedures stipulated in Presidential Regulation Number 86 of 2018. Of the 10 access arrangement activities as stated in Presidential Regulation Number 86 of 2018, only 2 activities were carried out by Kubu Raya District Land Office. Before carrying out the implementation of land redistribution, the Land Office must first make a plan which is preceded by the preparation of operational instructions. Counseling on land redistribution activities should be carried out at the planning stage. In practice, the Kubu Raya Land Office doesn’t go through established mechanisms or procedures and directly conducts counseling at the implementation stage of activities that should have been carried out at the planning stage. In addition, the Land Office doesn’t control land whose area exceeds the maximum land ownership limit, which the government wants to control through the agrarian reform program.  
PELAKSANAAN REDISTRIBUSI TANAH DALAM RANGKA REFORMA AGRARIA DI KABUPATEN KUBU RAYA : Implementation of Land Redistribution in The Framework of Agrarian Reform in Kubu Raya District Putri, Deviana; Pandamdari, Endang
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19608

Abstract

The agrarian reform program launched by the government basically aims to improve the welfare of the people, especially landless farmers. Through Presidential Regulation Number 86 of 2018 concerning Agrarian Reform, the government is trying to redistribute land for farmers, including those carried out in Kubu Raya Regency. However, in practice the land redistribution program carried out by the government isn’t in accordance with the procedures stipulated in Presidential Regulation Number 86 of 2018. Of the 10 access arrangement activities as stated in Presidential Regulation Number 86 of 2018, only 2 activities were carried out by Kubu Raya District Land Office. Before carrying out the implementation of land redistribution, the Land Office must first make a plan which is preceded by the preparation of operational instructions. Counseling on land redistribution activities should be carried out at the planning stage. In practice, the Kubu Raya Land Office doesn’t go through established mechanisms or procedures and directly conducts counseling at the implementation stage of activities that should have been carried out at the planning stage. In addition, the Land Office doesn’t control land whose area exceeds the maximum land ownership limit, which the government wants to control through the agrarian reform program.  
PELAKSANAAN KEGIATAN REFORMA AGRARIA MELALUI PROGRAM REDISTRIBUSI TANAH DI DESA CITOREK TIMUR KECAMATAN CIBEBER KABUPATEN LEBAK: Agrarian Reform Activities Through the Land Redistribution Program in Citorek Timur Village Cibeber District, lebak District Trianassari, Tedy Kurniawan; Pandamdari, Endang
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/c9s95972

Abstract

Indonesia is reorganizing land tenure in a more equitable and equitable manner called Agrarian Reform. This activity was also carried out in Citorek Village. However, in its implementation there is a discrepancy between the implementation and the applicable laws and regulations. Therefore, the problem that arises is how the implementation of the land redistribution program in East Citorek Village is in accordance with Presidential Regulation No. 86 of 2018 and what obstacles exist during the implementation of the land redistribution program in East Citorek Village. The type of research method used is sociological jurisprudence, descriptive in nature, data sources are obtained through literature study and secondary data, data collection methods are carried out through literature study techniques, data analysis using qualitative methods and deductive inference. The conclusion of the research found that in its implementation, there are discrepancies regarding the subject of land redistribution recipients and at the implementation stage there are counseling activities that should be carried out at the planning stage. The obstacles to the implementation of land redistribution are found in the regulations, in the implementation and in the community.
ANALISIS YURIDIS PERAN BANK TANAH BAGI REFORMA AGRARIA DALAM UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA: Juridical Analysis of The Role of Land Banks For Agrarian Reform in Law Number 11 of 2020 Concerning Job Creation Novery, Aprilia Wulan; Pandamdari, Endang
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/c90em767

Abstract

Land banks are specialized institutions with the responsibility of planning, acquiring, buying, maintaining,utilizing, and distributing land. In light of the Agrarian Reform Act of 2020 (Law No. 11 of 2020), thisarticle brings up the question of land banks as a means to further the goal of the law. The papers publishedhere meet the norms of professional legal study. This study intends to analyze land banks from a legal andphilosophical standpoint. This study's results clarify how Government Regulation 64 of 2021 andPresidential Regulation 113 of 2021 define land banks as providers for agricultural reform, as mandatedby Job Creation Law No. 11 of 2020. The Land Bank is obligated to actively participate in supplying landfor agrarian reform and allocate at least 30% of the land area under its control to this purpose. Inconclusion, the Job Creation Law requires the Land Bank to be governed in a way that allows it to fulfillits role as a land-providing agency, gather land for future development, and manage that property in away that upholds the ideals of equity, legal certainty, and legal benefits. Bank.
AKIBAT HUKUM PENETAPAN TANAH TERLANTAR HAK GUNA BANGUNAN YANG SEMULA DIKUASAI PT TAMAN HARAPAN INDAH: The Legal Consequences of Determining Abandoned Land With Building Use Rights Which Controlled by PT Taman Harapan Indah Damara, Fenny; Pandamdari, Endang
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/3eae9a55

Abstract

Currently, many individuals own land but do not utilize it effectively. Neglecting land is an unwise action. This research focuses on the procedure of determining abandoned land previously owned by PT Taman Harapan Indah with the Right to Build (Hak Guna Bangunan - HGB) in accordance with prevailing regulations, along with the legal consequences of such determination based on the Supreme Court Decision Number 565/K/TUN/2020, which was accepted by the rights holder. To address this issue, the research is conducted using a normative legal method, relying on secondary data with qualitative analysis. The conclusions drawn in this research are based on a deductive approach. The research findings indicate that the determination of abandoned land by PT Taman Harapan Indah was carried out based on Government Regulation (PP) 11/2010, with the determination made through Decree (Surat Keputusan - SK) Number 1/PTT-HGB/KEM-ATR/BPN/IV/2019. The legal impact received by PT Taman Harapan Indah, according to the Supreme Court Decision Number 565/K/TUN/2020, includes the revocation of its land rights, the termination of the legal relationship between the landowner and the land, accompanied by an affirmation that the land is now under state control.