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INDONESIA
Indonesian Journal of Agrarian Law
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 31106633     DOI : https://doi.org/10.15294/jal
Core Subject : Agriculture, Social,
Agriculture, Biological Sciences & Forestry Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Agrarian Law (ISSN 3110-6633), published by the Faculty of Law, Universitas Negeri Semarang, is a distinguished platform dedicated to the exploration, analysis, and discourse on key issues related to agrarian law in Indonesia and its global implications. This journal emphasizes the intersection of legal frameworks with agrarian practices, aiming to advance understanding and propose solutions for contemporary challenges in land governance, reform, and rural development.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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Legal Gaps in Apartment Law: The Gading Nias Case and Urban Spatial Planning Challenges Gultom, Ruth Elita; Ikramuddin, Said
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31075

Abstract

This paper investigates the legal complexities in implementing the Apartment law within the Gading Nias Residence, one of the largest and densest vertical housing complexes in North Jakarta. The Apartment law, which distinguishes between individual ownership of apartment units and collective ownership of common areas and land, has faced significant challenges in this context. These challenges include delays in the formation of the Association of Apartment Owners and Occupants (PPPSRS), conflicts between residents and developers, and ambiguity surrounding land rights, which has left many residents without legal certainty regarding their units. Through a normative legal approach, combined with empirical case studies, this research examines the relevant laws and regulations, as well as the practical legal issues encountered on the ground. The study also explores the broader implications of these legal challenges on urban spatial planning, with particular emphasis on zoning inconsistencies, infrastructure strain, and the relationship with the Agrarian Reform policy under Presidential Regulation No. 62 of 2023. The analysis identifies weak government oversight and legal indecisiveness in the implementation of collective land rights as key contributors to the legal issues in Gading Nias. The paper concludes by recommending enhanced government oversight, accelerated land rights certification, and increased legal awareness among residents as critical solutions. This research contributes to the development of more effective legal frameworks and governance structures for vertical housing in Indonesia, highlighting the urgency of addressing these gaps amid rapid urbanization.
Regulating Vertical Housing: Analysis of Indonesia’s Law No. 20/2011 in Kudus Urban Development Syahputra, Mohammad Firdaus
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31076

Abstract

The development of flats in Kudus City is a solution to land limitations along with the increasing need for housing. This article analyzes the implementation of Law No. 20 of 2011 concerning Flats in a local context, including national regulations, implementation in the field, and the challenges faced. The results of the analysis show that the implementation of regulations in Kudus is not optimal due to the absence of special regulations, licensing obstacles, lack of legal education, and weak supervision. Strengthening of regional regulations, harmonization of central-regional policies, and increasing the role of government in socialization and supervision are needed in order to realize sustainable vertical housing.
Urban Order or Legal Disorder? The Jerakah Flats Case in Semarang City Planning Perdana, Dihyan Arga
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31078

Abstract

Rapid population growth in Semarang City has prompted the government to develop vertical housing solutions in the form of flats as an alternative for low-income communities (MBR). This article analyzes the suitability of the Jerakah Flats development with the spatial planning principles stipulated in the Semarang City Spatial Plan (RTRW) and Regional Spatial Plan (RDTR), and evaluates the resulting social impacts on residents and the surrounding community. This article uses a normative juridical approach and sociological analysis to examine whether the Jerakah Flats development complies with zoning regulations and spatial efficiency principles, and the extent to which the project supports environmental sustainability. The resulting social impacts are complex, encompassing increased access to adequate housing, local economic opportunities, and challenges to social integration and equitable distribution of benefits. This study emphasizes the importance of inclusive and sustainable governance in vertical settlement planning in urban areas.
Apartment Ownership in Question: Legal Insights from Certificate-Based Cases in Rembang Suryaningtyas, Asri
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31079

Abstract

This study aims to analyze the legal aspects of apartment ownership in Rembang Regency, with a particular focus on the implementation of ownership certificates. The background of this research stems from the growing urgency to develop vertical housing in areas with limited land and the importance of legal certainty for unit owners. The research problems addressed include the legal framework governing apartment ownership, the types of ownership certificates applicable, legal challenges in their application in Rembang Regency, and possible legal solutions. This research employs a normative approach and a case study of available apartment ownership certificates. The analysis reveals that although the legal framework—particularly Law Number 20 of 2011 concerning Apartments—is sufficiently established, its local implementation still faces obstacles, especially regarding legal literacy and access to certified land. Therefore, active involvement of local government is needed to facilitate land certification, conduct legal education for the public, and strengthen implementing regulations at the local level.
Mortgaging the Skies? Legal Status of Apartment Ownership in South Sumatra’s Financial Practices Sakti, Bima Bayu Putra; Ramli, Asmarani
Indonesian Journal of Agrarian Law Vol. 1 No. 1 (2024): March, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i1.31080

Abstract

The development of vertical housing needs such as flats in big cities, including in the South Sumatra Province, encourages the importance of legal certainty over ownership and utilization of flat units in the national financing system. The Certificate of Ownership Rights for Flat Units (SHM Sarusun) is recognized as a property right that can be used as an object of debt collateral by being burdened with Mortgage Rights. This provision is regulated in Law Number 20 of 2011 concerning Flats and Law Number 4 of 1996 concerning Mortgage Rights (UUHT), and is an implementation of Article 51 of the Basic Agrarian Law (UUPA). Article 27 of the UUHT explicitly states that the imposition of collateral rights on flats and ownership rights on flat units is possible and legally valid. This study highlights the implementation of these provisions in South Sumatra, emphasizing how banks in this region utilize SHM Sarusun as credit collateral in the form of Flat Ownership Credit (KPRS). In practice, financial institutions consider aspects of ease of binding, certainty of value, ease of execution, as well as supervision and maintenance of collateral objects. Therefore, flats built on shared land, with legal individual ownership rights, have become an effective collateral alternative in the financing system in South Sumatra. This study shows that SHM Sarusun not only has a social function as a residence, but also has a strong and relevant economic value in supporting legal and guaranteed financing access.
Meikarta’s Delay Dilemma: A Legal Study on Apartment Handover and Consumer Harm Rossa, Joan Angelica; Putri, Ratu Syifa Junaedi
Indonesian Journal of Agrarian Law Vol. 1 No. 2 (2024): July, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i2.31081

Abstract

This article will discuss 'Legal Analysis of the Delay in Handover of Meikarta Apartment Units: Implications for Consumer Protection.' This research uses a qualitative research method that is descriptive in nature with a normative juridical approach. The results of this research indicate that the root cause of the delay in the handover of Meikarta apartment units lies in the developer's non-compliance with the administrative requirements before marketing the units through the pre-project selling system. The incompleteness of building permits, the unresolved status of land rights, and the unmet environmental impact analysis documents are the main factors causing delays in construction. According to applicable regulations, as long as these permits have not been obtained in full, the developer should not be allowed to enter into a Sale and Purchase Binding Agreement (PPJB) with prospective consumers. Therefore, based on the actions taken by the developer, the Meikarta apartment developer is entitled to be responsible as a form of legal protection for consumers.
Rethinking Space: Planning Theories for Sustainable Tourism in Gunung Kidul, Indonesia Fikri, Muhammad Adymas Hikal; Rajib, Rayi Kharisma; Hidayah, Nur; Aprilia, lsabila Nisa; Insanidya, Safira Embun; Prasetyo, Andi Yudha
Indonesian Journal of Agrarian Law Vol. 1 No. 2 (2024): July, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i2.31082

Abstract

Gunungkidul Regency is one of the regions that has experienced significant growth in the tourism sector in the last two decades. The beauty of the karst landscape, underground caves, and the series of southern beaches are major attractions for both domestic and international tourists. Amidst this development, challenges arise in managing space that balances economic interests and environmental preservation. The use of space for tourism purposes is often inconsistent with established spatial plans, resulting in conflicts over spatial use, damage to karst ecosystems, and shifts in the function of protected areas. This study aims to critically examine theories and approaches to spatial planning and evaluate the extent to which these approaches are applied in sustainable tourism development in Gunungkidul Regency. The approach used is a juridical-sociological one, examining the relationship between spatial planning legal norms and empirical conditions in the community. Data collection techniques were carried out through interviews with policymakers and tourism actors, direct observation of tourism development locations, and literature studies of planning documents such as the RTRW (Regional Spatial Plan), RDTR (Regional Spatial Plan), and regional regulations. The results show that the spatial planning approach that has been applied to date tends to be top-down and technocratic, thus lacking the involvement of local communities as the primary subjects of development. Mismatches between planning and implementation persist, particularly in the form of zoning violations and weak oversight of land use conversion. 
Between Permit and Title: Legal Reconstruction of Apartment Ownership and Licensing Systems Syamsuddin, Zaki Achmad; Khairunnisa, Salsabila Shafa
Indonesian Journal of Agrarian Law Vol. 1 No. 2 (2024): July, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i2.31083

Abstract

The dispute between residents and the management of the Solo Paragon Apartment demonstrates that legal protection for consumers in vertical housing is ineffective. This study aims to analyze the forms of legal protection available to apartment residents as consumers in the face of management's actions that restrict access to shared facilities. This study uses a normative juridical approach, using a case study of the dispute at the Solo Paragon Apartment. The results indicate that the management's actions are inconsistent with Law Number 8 of 1999 concerning Consumer Protection and the Government Regulation on Apartments. The court ruling stated that the management had committed an unlawful act, and residents are entitled to restored access to facilities. The study concludes that there is a need to strengthen regulations and oversight in apartment management to ensure legal protection for consumers. This protection must be active and comprehensive, both in terms of prevention and enforcement of violations. This case serves as a clear example of the weakness of consumer protection in apartment management practices and the importance of regulatory reform and legal assistance for consumers.
From Ground to Sky: Legal Review of Flat Development in Cirebon under Apartment Law Rinaldi, Farrel Ardan
Indonesian Journal of Agrarian Law Vol. 1 No. 2 (2024): July, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i2.31084

Abstract

Technological developments and rapid population growth are driving the need for adequate housing, especially in increasingly dense urban areas. In efforts to realize a just and prosperous society, the construction of flats is a strategic solution that can address the challenges of limited land and the increasing demand for housing in urban areas. Demographic projections indicate that by 2030, approximately 70% of Indonesia's population will live in urban areas, making the provision of flats an unavoidable urgency. Cirebon City, as a strategic city located on the main connecting route to Java Island, is experiencing rapid development in various sectors, including infrastructure and spatial planning. With a population of 343,497 and a density of 9,194 people/km² in 2021, pressure on space is increasing, demanding efficient vertical housing planning. The construction and expansion of flats in Cirebon City not only plays a role in meeting housing needs but also supports the existence of public spaces, social interaction, and ecological balance. Therefore, spatial management strategies and the development of vertical housing are crucial aspects in responding to the dynamics of urbanization in Cirebon City.
Affordable but Adequate? Effectiveness of Rusunawa for Low-Income Housing in Cepu Hapsari, Primerta Putri; Ishaq, Agung Bahagia; Ismiyati, Nur
Indonesian Journal of Agrarian Law Vol. 1 No. 2 (2024): July, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v1i2.31087

Abstract

The effectiveness of simple rental apartments (rusunawa) as a housing solution for low-income communities (MBR) is examined using the case study of the Cepu Rusunawa in Blora Regency. The housing backlog in Indonesia, which will reach 12.7 million units by 2023, with 84% of the population remaining homeless, is the background to the urgency of this research. The rapid rate of urbanization of 3% per year, with a projection that 66.6% of Indonesia's population will live in urban areas by 2035, further emphasizes the importance of vertical housing solutions. The research method employed a normative legal study approach. Data analysis was conducted through qualitative methods, utilizing legal, conceptual, and comparative perspectives for policy analysis related to the implementation of Law No. 20 of 2011 concerning Flats. The results indicate that the Cepu Rusunawa, built with an investment of IDR 15.8 billion from the state budget and inaugurated in February 2017 with 98 residential units, faces significant challenges in its management. Despite initial interest, occupancy has declined, with 30 of the 99 units vacant by 2023. Several inhibiting factors exist, including unclear management status between the central and regional governments, and the need for a comprehensive evaluation of service quality and the physical condition of the buildings. A holistic and collaborative approach from all stakeholders is needed to optimize the function of the low-cost apartments as a sustainable, affordable housing solution.

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