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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 42 Documents
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Transisi dari Administrasi Pertanahan Tradisional ke Digital di Ponorogo Pebriananta, Rifki
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.41322

Abstract

The digital transformation of land administration, as outlined in Government Regulation No. 18 of 2021, marks a strategic step toward modernizing Indonesia’s land registration system. This policy eliminates traditional land documents such as Letter C, Girik, and Petok D, replacing them with electronic certificates under the National Land System. This study aims to analyze the effectiveness of this transition in Ponorogo District, focusing on the legal, technical, and social barriers encountered during the document conversion process. Data were collected through in-depth interviews with BPN officials, village administrators, and Letter C users, employing a socio-legal approach and qualitative methods. Findings indicate that despite a strong legal basis, implementation is hindered by inadequate socialization, unprepared digital infrastructure, and land disputes due to overlapping historical data. An integrated data strategy, village official training, and participatory approaches are essential for a fair and inclusive transition.
The Effectiveness of Agrarian Reform Policy in Improving the Welfare of Farmers in Beji Village, Gunungkidul Davina Nurfadilah
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.41327

Abstract

Farmers' poverty is a structural problem that still dominates rural areas, including Beji Village, Gunungkidul Regency. This study aims to analyze the factors that cause farmers' poverty and evaluate the implementation of agrarian reform policies in efforts to alleviate poverty in the agricultural sector. The research method used is legal sociology with a normative and empirical approach through interviews and field observations. The results of the study show that farmer poverty is influenced by the agroecological conditions of karst areas that are prone to drought, limited land ownership, low access to capital and technology, limited human resource quality, and weak management of agricultural production facilities. The implementation of agrarian reform policies in Beji Village has provided benefits in the form of land access for farmers, but has not been optimal in reducing poverty due to legal uncertainty over land and limited post-agrarian reform access regulations. Therefore, agrarian reform needs to be integrated with farmer empowerment policies in order to improve sustainable welfare.
Effectiveness of Controlling Agricultural Land Conversion in the Puncak Tourism Area of Cisarua Subdistrict by the Bogor Regency National Land Agency from a Spatial Planning Law Perspective Putri Kastiady, Salvia Salsabila
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.41336

Abstract

The development of tourism in the Puncak area of Cisarua District has led to an increase in the conversion of agricultural land into residential areas and villas, which has the potential to conflict with the Regional Spatial Plan (RTRW). This study aims to analyze the effectiveness of controlling the conversion of agricultural land in the Puncak area from a spatial planning law perspective and to identify the factors causing land use inconsistencies. The method used is juridical-empirical with the support of spatial analysis through the technique of analyzing land use maps for 2020 and 2025 based on Google Earth imagery compared with the Bogor Regency RTRW (Local Regulation Number 1 of 2024). The results of the study show that there has been significant land conversion in agricultural and buffer areas, with a total area of non-compliance reaching 7,803 hectares. This reflects weak preventive supervision, limited post-grant control, and suboptimal integration of land and spatial planning data. This study recommends strengthening institutional coordination, integrating data systems, and tightening spatial planning compliance verification to support sustainable land management.
Analysis of the Application Principle of Horizontal Separation in Jakarta LRT 1B Project: A Legal Review Situmorang, Urfani Syamuria
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.41656

Abstract

This study elucidates the application of the principle of horizontal separation in land acquisition for the Jakarta LRT Phase 1B Project and how it affects legal certainty for the parties involved. One of the main principles in the Basic Agrarian Law is the principle of horizontal separation, which separates land ownership from objects above and/or below it. The study applied a normative legal research method, employing both statutory and conceptual approaches, supported by an analysis of land acquisition policies for public interests. The outcomes of the study reveal that the application of the principle of horizontal separation applied to the Jakarta LRT Phase 1B project has not been fully consistent. This is especially true when assessing compensation for buildings and utilities standing on state land and land rights. Legal uncertainty and agrarian disputes may arise as a result of this inconsistency. To protect rights and legal certainty, this study uses the strengthening of technical standards for land acquisition that explicitly accommodate the doctrine of horizontal separation.
Legal Resolution of the Land Dispute over Former Recht Van Eigendom of Taman Sriwedari Surakarta and the Solo City Government Utomo, Chelsy Naristya; Ramli, Asmarani; Suhadi, Suhadi
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.41789

Abstract

Sriwedari Park in Surakarta is a cultural heritage area that has high historical and social value, but has experienced a prolonged land dispute since 1970. This study aims to analyze the settlement of the land dispute of the former Recht van Eigendom (RvE) Verponding No. 259 between the heirs of KRMT Wirjodiningrat and the Solo City Government. The object of the research is the process of converting colonial land rights into national rights based on the Basic Agrarian Law (UUPA), as well as the legal and policy dynamics surrounding the dispute. The research method used is an empirical juridical approach. The results of the study show that although the process of conversion of rights has been in accordance with the law through the issuance of Building Rights (HGB) No. 22 in 1965, the Solo City Government continues to control the land factually and issue the right of use unilaterally, even though it has been defeated in a series of court decisions to the level of review. Non-compliance with court rulings reflects weak law enforcement and the dominance of local political interests over citizens' property rights. This study concludes that dispute resolution requires political commitment from local governments, intervention from supervisory institutions, and administrative and juridical restitution of rights to heirs.
Legal Analysis of Inconsistencies in the Usage Rights Period Norms for Foreign Nationals in the UUPA & PP Number 18/2021 Sibuea, Putri Merlin Yoseva
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.42431

Abstract

This study aims to analyze the substantive suitability of the provisions of Government Regulation No. 18 of 2021 concerning the 80-year time limit for foreign nationals' Right of Use in the perspective of the basic principles of national agrarian law. Through a normative juridical approach, this study applies a descriptive-prescriptive qualitative analysis to examine the issue in depth in order to determine the proportionality of the time limit to the spirit of the UUPA. The findings show that hierarchically, there is no textual inconsistency between the UUPA and PP No. 18 of 2021 because the UUPA philosophically does not specifically regulate the number of years for Right of Use, so that the stipulation of 80 years is a filling of a technical norm gap that is formally valid. This period has the potential to be inconsistent with the principle of nationality in Article 21 of the UUPA and the character of Right of Use as a temporary right, given that its duration is close to the total validity period of Right of Building Use for Indonesian citizens and allows for de facto control over strategic land through the imposition of Right of Lien. This study recommends harmonizing regulations by proportionally limiting the term of Use Rights for foreign nationals, for example to 45 years as stipulated in Government Regulation No. 40 of 1996, so as to continue providing legal certainty for investment without sacrificing the principles of agrarian justice and the protection of long-term national interests.
The Effectiveness of Supervision by the Environmental and Forestry Agency of Central Java Province over the Rowosari Final Disposal Site from the Perspective of Agrarian Reform Feliza, Rizka Laelya Feliza
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.42762

Abstract

This study examines the effectiveness of supervision conducted by the Environmental and Forestry Agency (DLHK) of Central Java Province over the illegal Rowosari Final Disposal Site (TPA) from the perspective of agrarian reform. The study aims to analyze the effectiveness of DLHK’s supervision and to identify the structural factors contributing to the continued operation of the illegal landfill.Using a qualitative empirical legal approach, this research combines an analysis of law in books with law in action. Data were collected through interviews, observations, and document analysis of DLHK policies and agrarian reform regulations.The findings reveal that DLHK’s supervision has not been effective, as indicated by the limited number of skilled human resources, insufficient operational budget, weak inter-agency coordination (between Provincial and Regency DLHK, the Prosecutor’s Office, and the Police), and the lack of firm enforcement measures. Agrarian reform factors further complicate resolution efforts due to conflicts over land ownership status between private rights and the social function of land, compounded by resistance from local communities managing the landfill who claim livelihood rights. The study concludes that integrated supervisory reform is necessary, including the establishment of a cross-agency Illegal Landfill Task Force; strengthening agrarian reform regulations that accommodate job relocation for affected communities; implementing tiered administrative and criminal sanctions; and digitalizing monitoring systems through GIS-based real-time supervision. Institutional strengthening of DLHK and a commitment to progressive agrarian reform are key to ensuring the permanent effectiveness of illegal landfill supervision.
Implementation of Financing for Complete Systematic Land Registration (PTSL) Program in Sidayu Village, Batang Regency Handayani, Wahyu Putri
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.44224

Abstract

A national project called the Complete Systematic Land Registration Program (PTSL) aims to provide legal certainty to the general public regarding their land rights. Its implementation at the village level is often hampered by funding issues that are not aligned with central regulations. The purpose of this study is to examine how PTSL funding is carried out in Sidayu Village, Batang Regency, and to identify the factors that influence the calculation of charges above the normative standard. The research method used was descriptive qualitative with a juridical-empirical approach. Primary data were obtained through interviews with 17 informants from village government elements, the Batang Regency Land Office, and the community. Secondary data were collected through documentary studies of regulations, internal committee documents, as well as program achievement data from the Batang Regency Land Office for 2022–2025. The study found a disparity in the PTSL preparation costs in Sidayu Village of IDR 350,000, exceeding the maximum limit of IDR 150,000 set in the 2017 Joint Regulation of 3 Ministers. This practice is influenced by the absence of a Regent Regulation, the topographical conditions of the area, and high field operational costs. The implication is that the principle of legal certainty is weakened because the determination of costs is only based on informal agreements without a valid regional legal basis. It is recommended that the Batang Regency Government immediately issue a Regent Regulation to provide legal legitimacy, transparency, and legal protection for both implementers and program participants.
Legal Responsibility Of Land Use Rights Holders For Land Conversation That Violates The Social Function Of Land Rights Fauziah, Rachmah
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.44308

Abstract

This study aims to examine in depth how positive agrarian law qualifies the conversion of land use rights (HGU) that violate the social function of land rights. In addition, this study also aims to formulate an ideal legal accountability model for HGU holders in order to uphold social functions and prevent public losses. A normative juridical method was used in this study, which included a statute approach, a conceptual approach, and an analytical approach. The data sources consisted of primary, secondary, and tertiary legal materials, and the analysis was conducted qualitatively and prescriptively. The results of the study show that the conversion of HGU land, whether through active actions or negligence in supervision, causes environmental damage and public losses. This can be considered a violation of the social function of land rights, as stipulated in Article 6 of the UUPA and reinforced by PP No. 18 of 2021 and PP No. 20 of 2021. However, current law enforcement often stops at administrative sanctions without adequate recovery mechanisms. Therefore, a substantive accountability model is needed that includes compensation and environmental restoration mechanisms as well as administrative sanctions for revocation of rights.
The Effectiveness of the Implementation of the Regulation of the Minister of ATR/BPN No. 18 of 2021 in the Process of Increasing the Use Rights to the Building Rights (Study at the Cirebon City Land Office) Gultom, Ruth Elita
Indonesian Journal of Agrarian Law Vol. 3 No. 1 (2026): March, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i1.44322

Abstract

Land administration reform through the Ministerial Regulation of ATR/BPN Number 18 of 2021 directed to build a mechanism for determining and changing land rights that is integrated, efficient, and guarantees legal certainty. One form of strategic change of rights is the increase of the Right of Use to the Right to Use (HGB), which has significant implications for the optimization of the economic value of land assets. This study aims to examine the effectiveness of the implementation of the Minister of ATR/BPN Regulation No. 18 of 2021 in the process of increasing the Right of Use to become HGB at the Cirebon City Land Office. The method used is empirical juridical with descriptive-analytical specifications through interviews, document studies, and the study of laws and regulations and scientific literature. The results of the study show that normatively and procedurally, regulations have been implemented in accordance with the applicable legal framework, reflecting the effectiveness of the substance and implementation structure aspects. Simultaneous mechanisms, physical and juridical data research, and service operational standards run consistently without administrative irregularities. Although one of the applications for the increase of procedural rights did not reach the finalization stage, this condition reflects more the dynamics of fulfilling continued administrative obligations than the weaknesses of the regulations. Thus, the Minister of ATR/BPN Regulation No. 18 of 2021 can be considered effective in its normative and administrative scope, while the effectiveness of its practice is still influenced by external factors that are outside the boundaries of land regulation regulation.

Page 4 of 5 | Total Record : 42

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