Legal Protection for the Partnership Agreement Parties
Vol 24 No 2 (2024): December 2024

The Expansion of Investor Access to Cultivation Rights: A Socio-Legal Analysis on Agrarian Injustice in Indonesia

Mahfud, Muh.Afif (Unknown)
Djohan, Naufal Hasanuddin (Unknown)



Article Info

Publish Date
30 Dec 2024

Abstract

Granting cultivation rights for investment interests and ignoring equitable distribution of land ownership can create injustice and agrarian conflict. This is socio-legal research to analyze agrarian conflict through an interdisciplinary lens. All the data obtained is analyzed qualitatively. Based on the study, disharmony is found between the Basic Agrarian Law, which regulates that cultivation rights can only be granted on state land, and the Job Creation Law, which stipulates that cultivation rights can be given over management rights. This overlapping regulation marks a difference in legal policy between the Job Creation Law, which wants to provide convenience to entrepreneurs, and the Basic Agrarian Law, which considers the strategic position of cultivation right so that it is merely granted on state land. This overlapping of legal policy creates legal uncertainty and brings economic implications, creating a higher land ownership inequality between entrepreneurs and the community. Higher landownership inequality brings social implications, namely, higher conflicts in the agrarian sector. This is not according to the principle of protection for weak parties in Indonesian Agrarian Law.

Copyrights © 2024






Journal Info

Abbrev

al-risalah

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, ...