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Rearranging Agrarian Law Politics in the Land Regulation System in Indonesia Damianus Krismantoro
ENDLESS: INTERNATIONAL JOURNAL OF FUTURE STUDIES Vol. 3 No. 2 (2020): ENDLESS: International Journal of Future Studies
Publisher : Global Writing Academica Researching & Publishing

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Abstract

Resetting agrarian law is considered urgent, severe, and effectively managed. This is due to political, and regime changes and is intended so that social welfare and human values ​​can be well constructed. The land has a significant role in the life of all people, such as the role in housing, plantation businesses, agricultural businesses, mining businesses, and others. Land law politics is a government policy in the field aimed at the designation and use of the ruler or land owner, the appointment of land use to ensure legal protection and improve welfare and encourage economic activity through the enactment of the Land Law and its implementing regulations which are the main themes of this research. This research methodology uses normative studies or literature studies because the studies obtained are based on references from books, articles, and regulations related to agricultural law or land policy. The results of the study can be concluded that the agricultural law policy that was formed through the UUPA No. 5 of 1960 concerning the Principles of Agrarian Law, which is already sixty years old, needs to be reformulated to avoid the distortion effect that can have such consequences both on the sociological and philosophical side. One of the reformulation concepts is within the corridor of the concept of regional autonomy.
Agrarian Law in the Field of Land After Regional Autonomy Damianus Krismantoro
ENDLESS: INTERNATIONAL JOURNAL OF FUTURE STUDIES Vol. 5 No. 2 (2022): ENDLESS : International Journal of Future Studies
Publisher : Global Writing Academica Researching & Publishing

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Abstract

This research will be carried out to see how land law exists in Indonesia after the implementation of regional autonomy. The central government’s efforts to grant autonomy to local or district governments after the reforms are implemented are aimed at providing fast and appropriate services to the community concerning land affairs. This research will be carried out by conducting a document study on autonomy in the land sector, which then impacts agrarian law. This study found that the Basic Regulations on Agrarian Principles have the principle of authority in the land sector, which has a centralized nature and must change by itself. Local governments need to be able to provide good services in the land sector in the current era of regional autonomy.
Evaluating the Justice Framework in Land Acquisition: Legal and Policy Review of Government Regulation No. 39/2023 in Indonesia Damianus Krismantoro
Khazanah Hukum Vol. 7 No. 3 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i3.46675

Abstract

Land acquisition for public interest is a strategic instrument in Indonesia’s national development agenda, yet it continues to generate legal, social, and human rights controversies. Previous studies tend to focus on procedural or administrative aspects, often overlooking normative justice, institutional coherence, and comparative legal perspectives. This study seeks to fill that gap by critically analyzing Government Regulation No. 39 of 2023 as a revision of Government Regulation No. 19 of 2021, focusing on its consistency with the principles of justice, the constitutional hierarchy of laws, and the broader goals of agrarian reform. Using a qualitative-descriptive method based on normative legal research, this article examines key legal instruments such as Law No. 2 of 2012, the Job Creation Law (Law No. 6 of 2023), and the Basic Agrarian Law (Law No. 5 of 1960). It integrates normative, institutional, and comparative frameworks to evaluate the role of the Land Bank Institution, the transparency of compensation mechanisms, and the degree of public participation. The article also assesses whether Government Regulation 39/2023 aligns with the redistributive spirit of agrarian reform and safeguards against potential human rights violations. Findings suggest that while the regulation introduces improvements in procedural structure and institutional roles, it remains limited in addressing structural injustices, particularly in relation to forced displacement, customary land claims, and access to legal remedies. This article offers a novel contribution by bridging doctrinal analysis with critical human rights perspectives and international comparisons, emphasizing the need for a justice-oriented reform in land acquisition policy.