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Indonesia's Land Bank Authority: Aligning with Agrarian Law or Facilitating Land Grabbing? Alimuddin, Nur Hidayani; Ayu Widowati, Dyah; Eka Mayasari, Riezka; Febrisari, Rizki; Jusafri, Jusafri
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.14472

Abstract

This research critically examines Indonesia's land bank regulations, introduced under the Job Creation Law to boost investment, but which risk promoting land grabbing, particularly affecting farming and indigenous communities. The study's novelty lies in its focus on assessing the compatibility of land bank policies with Indonesia's agrarian legal framework through the lens of legal utilitarianism. By employing normative research methods, including theoretical and regulatory analysis, the study identifies significant legal flaws in both the legislative process and the content of the regulations. These issues undermine the principles of agrarian justice, particularly in ensuring equitable land ownership rights. This research offers urgent recommendations to policymakers, advocating for the protection of vulnerable communities from the adverse effects of land bank policies.
Digital Certificate Mapping (Plotting) and Its Legal Impact on Agrarian Reform Acceleration in Kolaka Regency Ramadhan, Rahmat Fauzi; Alimuddin, Nur Hidayani; Rahman, Irsan
Jurnal Cakrawala Hukum Vol. 16 No. 2 (2025): August 2025 (on progress)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i2.15223

Abstract

Land disputes and the structural deficiency of Indonesia's land administration system have persisted as fundamental obstacles to the realization of agrarian justice. Digital certificate mapping (plotting), mandated by Ministry of ATR/BPN Circular Number 13/SE/XII/2017, represents a pivotal policy instrument designed to establish spatial legal certainty over registered land rights and to accelerate the national agrarian reform programme. This research examines the implementation of plotting at the Kolaka Regency Land Office, Sulawesi Tenggara, and critically analyses its impact on the acceleration of agrarian reform through a socio-legal approach integrating statutory analysis with primary field data. The findings reveal that plotting, when correctly implemented, contributes substantially to spatial legal certainty by detecting overlapping certificates and producing georeferenced digital parcel records through the SIPETIK system. However, empirical evidence from documented cases including a certificate location mismatch affecting Ny. Harmiani (SHM No. 00614) and an unauthorized plotting case in Okoko Village exposes systemic deficits in technical capacity, institutional accountability, and community engagement that undermine the system's effectiveness for the most vulnerable rights holders. This research concludes that the transformative potential of digital plotting for agrarian reform is contingent upon coordinated investment in licensed cadastral surveyor capacity, institutional transparency mechanisms, and systematic community socialization conditions that remain structurally underdeveloped in the Eastern Indonesian land administration context.