Implementasi Land Freezing di Kabupaten Kutai Kartanegara dan Penajam Paser Utara: antara Pengendalian Pertanahan dan Pelindungan Hak Keperdataan

Dewi, Anggita Mustika
Aina, Destriananda Safa
Putri Maharani, Ananda Mulia

Jurnal Hukum & Pembangunan

To prevent land speculation by land mafias in the Nusantara Capital City (IKN), the government introduced a land-freezing policy aimed at restricting the transfer of land rights within the IKN area. However, in practice, this policy has been alleged to hinder land registration processes and undermine civil rights of communities within the IKN delineation zone. This study seeks to examine the regulatory framework, implementation, and impacts of the land-freezing policy on land registration and the civil rights of affected communities. Employing an empirical normative legal research method with a statute approach, this research finds that the land-freezing policy has not been effectively implemented. Regulatory disharmony has resulted in ambiguity regarding its operational execution, consequently halting land registration procedures and impeding the development of an accurate and up-to-date land registration database. Moreover, this situation has led to the proliferation of informal and unregistered land transactions. While the land-freezing policy was intended to safeguard both the public and the government from land-mafia practices, in reality it has instead curtailed the civil rights of local communities.