International Journal of Law Reconstruction
Vol 9, No 2 (2025): International Journal of Law Reconstruction

The Disharmonization of State Control Rights over Land in Agrarian Reform After the Enactment of the Job Creation Law

Desi Rahmawati (Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia)
Annalisa Y. (Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia)
Firman Muntaqo (Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia)
Iza Rumesten RS. (Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia)



Article Info

Publish Date
30 May 2026

Abstract

This research aims to find out the concept of the Right to Control the State (HMN) over land in agrarian reform after the enactment of the Job Creation Law (UU CK). Through juridical normative law research that focuses on the norms contained in the CK Law and its implementing regulations, namely PP 18 of 2021 and PP 64 of 2021 on the norms regulated in the UUPA. This research uses qualitative research, which is a form of social research whose research design is influenced by the data obtained in the research, in this case analyzing the articles in the CK Law, and its implementing regulations. The concept of HMN over land is regulated in the constitution of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, namely the concept of HMN over agrarian resources with the authority to regulate the planning, management, and utilization of agrarian resources for the greatest prosperity of the people in the concept of the state as a ruler with the authority to regulate, not the state as the owner of land as stated in the CK Law. The HMN regulation in the CK Law creates disharmony in agrarian reform regulations because it causes an overlap of authority that causes a conflict of interest, the expansion of land objects of agrarian reform (TORA), namely HGB, HGU and Pause Rights.

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Journal Info

Abbrev

lawreconstruction

Publisher

Subject

Other

Description

FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the ...