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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum PALAR : Pakuan Law Review
Mega Wijaya, Mustika
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Regulation of State Ownership Rights Over Land in The National Agrarian Legal System Mustaqim, Mustaqim; Mega Wijaya, Mustika; Sari Fitria, Mayzara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6595

Abstract

State control over land is a fundamental principle in Indonesia's national agrarian legal system, which is based on Article 33 paragraph (3) of the 1945 Constitution and elaborated in Law No. 5 of 1960 concerning Basic Agrarian Principles (UUPA). The state, as the holder of state ownership rights over land, has the authority to regulate the allocation, use, and ownership of land for the greatest prosperity of the people. This study aims to analyze the legal provisions regarding state ownership rights and examine their implementation in land management practices in Indonesia. The research method used is normative legal analysis with a legislative and doctrinal approach. The results of the study indicate that although the regulation of state control rights has been legally regulated through the UUPA and its derivative regulations, in practice, various problems are still found, such as overlapping claims, agrarian conflicts, and weak protection of the rights of indigenous peoples and farmers. Therefore, it is necessary to strengthen regulations and the implementation of agrarian justice principles so that state control rights truly function for the welfare of the people.
Legal Status Of Land Rights Due To Natural Disasters In The National Agrarian Legal System Mustaqim; Mega Wijaya, Mustika
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.32

Abstract

Natural disasters are events that not only have an impact on the humanitarian aspect, but also raise agrarian law issues, especially related to the legal status of land rights. Changes in the physical condition of the land due to natural disasters, such as abrasion, landslides, and tsunamis, have the potential to eliminate the object of land rights and create legal uncertainty for rights holders. This article aims to analyze the regulation of the legal status of land rights due to natural disasters in the national agrarian legal system, its juridical implications on the sustainability and abolition of land rights, and the concept of legal protection and certainty for rights holders from the perspective of agrarian justice. The research method used is normative legal research with a legislative and conceptual approach. The results of the study show that the regulation of land destroyed by natural disasters in the national agrarian law is still implicit and does not provide adequate legal certainty. Natural disasters do not necessarily remove land rights, but rather require clear administrative determinations. The State, within the framework of the Right to Control the State, has a constitutional obligation to provide substantive legal protection to disaster victims through compensation, relocation, or the granting of replacement land. Therefore, responsive and fair agrarian law reform is needed to ensure legal certainty and protection of land rights for communities affected by natural disasters.Keywords: Land Rights, Natural Disasters, Destroyed Land, Legal Certainty, Agrarian Justice.
Co-Authors Mustaqim Mustaqim Mustaqim, Mustaqim Sari Fitria, Mayzara