Made Putra Bhaskara Tangkas
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Kedudukan dan Batas Kewenangan Badan Bank Tanah dalam Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum Made Putra Bhaskara Tangkas; Anak Agung Ayu Intan Puspadewi; I Gede Agus Kurniawan; Dewa Ayu Putri Sukadana
Student Research Journal Vol. 4 No. 4 (2026): Agustus: Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v4i4.2966

Abstract

The Indonesian Land Bank Agency (Badan Bank Tanah) was established as a special body mandated to guarantee the availability of land for national development. Nevertheless, its institutional position and the limits of its authority in land acquisition for public interest remain legally contested, primarily because they are presumed to intersect with the acquisition mechanism governed by Law Number 2 of 2012. This study aims to analyse the regulation of the Land Bank Agency within the national land law system and to formulate its position and the boundaries of its authority in land acquisition for public interest. The research applies a normative legal method combining statutory, conceptual, and comparative approaches. Legal materials were collected through library research and examined descriptively and qualitatively. The findings indicate that the regulation of the Land Bank Agency is hierarchically arranged, resting on Article 33 paragraph (3) of the 1945 Constitution and the social function principle of land, deriving its establishment from Law Number 6 of 2023, and elaborated through Government Regulation Number 64 of 2021 together with other implementing rules. The agency occupies a sui generis and non-profit position, holding land in the form of management rights. Its authority is attributive and manifests as the provision of land reserves through land banking rather than as a power to extinguish existing rights, rendering it normatively complementary to Law Number 2 of 2012. Overlap nonetheless remains possible at the implementation level, particularly regarding the interpretation of public interest and land obtained through government designation.