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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 54 Documents
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Utilization of Abandoned Land under Government Regulation Number 48 of 2025 and Its Implications for Agrarian Reform Marchindy Andea, Vedya
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.v3i1.44463

Abstract

Land inequality in Indonesia remains a persistent structural issue, even as the government strengthens its policy on the control and utilization of abandoned land through Government Regulation No. 48 of 2025. This regulation authorizes the use of State Reserve Land (Tanah Cadangan Umum Negara/TCUN) for various purposes, including agrarian reform and national strategic projects, yet it does not establish a clear order of priority. The absence of such prioritization raises concerns about the direction of national agrarian policy and its consistency with the objective of equitable land distribution. This study examines the regulation of abandoned land utilization under Government Regulation No. 48 of 2025 from the perspective of legal certainty and evaluates its implications for the implementation of agrarian reform as mandated by Presidential Regulation No. 62 of 2023. Employing a normative juridical method, the research applies statutory, conceptual, and historical approaches, with qualitative analysis based on systematic interpretation of relevant legal norms. The findings indicate that although agrarian reform is formally recognized as one of the objectives of TCUN utilization, the regulation lacks explicit normative safeguards to prioritize land redistribution amid persistent inequality. Broad administrative discretion in the transfer and allocation of land creates potential uncertainty in policy orientation. This study underscores the need for stronger normative integration between the abandoned land regime and agrarian reform policy to ensure that state land management advances social justice. Clear prioritization within TCUN utilization is essential to uphold the social function of land and the constitutional mandate of equitable distribution.
Effectiveness Of The Implementation Of The Policy On The Use Of The Ciledug Road Sidewalk In Garut Regency As Urban Space Firdaus, Syakira
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.v3i1.44427

Abstract

Urban development is fundamentally linked to the issue of space. As the population grows and community activities increase, the need for space also increases. As a result, urban spaces become increasingly crowded as they accommodate various human activities, including sidewalks. On CiledugStreet in Garut Regency, sidewalks that are supposed to be used by pedestrians are also used for economic activities and other purposes. This study aims to analyze the effectiveness of the implementation of sidewalk use policies and identify the factors that influence them, through qualitative research methods with empirical legal analysis, using a legislative approach and a case approach that aims to understand how the law works in the practice of urban space utilization, particularly in relation to the use of sidewalks on Ciledug Road in Garut Regency. The data in this study were obtained through primary and secondary data. Primary data were collected through in-depth interviews with the Garut Regency Civil Service Police Unit as the authority in charge of supervising and regulating space utilization, as well as with the Ciledug Road users who are directly affected by sidewalk use. The results of the study show that policy implementation has not been effective due to inconsistent supervision, limited coordination, and the economic needs of the community that influence the use of space. This study contributes to broadening the understanding that the effectiveness of urban space policies is not only measured by compliance with regulations, but also by the ability of these policies to adapt to social realities. 
Implementation of Ecological Function Regulations for Green Open Space at Alun-Alun Bung Karno as a Public Green Open Space in Semarang Regency Safitri, Nabila Nur
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.v3i1.45391

Abstract

The provision of Green Open Space (RTH) is a legal obligation in urban spatial planning based on Undang-Undang Nomor 26 Tahun 2007, which requires a minimum allocation of 30% of the total urban area for RTH, with at least 20% designated as public RTH. Alun-alun Bung Karno in Kabupaten Semarang, as a form of public RTH in the shape of an intensive urban park. Its physical implementation shows inconsistencies with the ecological function provisions as regulated in Peraturan Menteri ATR/BPN Nomor 14 Tahun 2022 and Peraturan Daerah Kabupaten Semarang Nomor 6 Tahun 2023. This study aims to analyze the gap in the implementation of ecological functions of RTH at alun-alun Bung Karno through a normative–empirical juridical approach, using data collection methods such as regulatory document studies, field observations, and interviews with policy stakeholders. The findings reveal, the dominance of impermeable asphalt surfaces in non-green coverage areas exceeds the permitted limit of 15%, thereby hindering rainwater infiltration and reducing the role of RTH as a water absorption zone and microclimate regulator. These findings indicate a tension between the fulfillment of extrinsic functions (social-economic purposes) and the legal obligation to maintain intrinsic functions (ecological purposes). The contribution of this research lies in identifying gaps in spatial planning law enforcement in the management of public RTH, as well as recommending strengthened monitoring mechanisms based on community participation and the implementation of administrative sanctions to achieve harmonization of RTH functions in line with sustainable development principles and the commitments of SDGs 11 and 13.
Urban Green Open Space in Indonesia: A Study of Legal Compliance Aulia Hidayatul Amali; Asmarani Ramli
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.49490

Abstract

In accordance with the provisions set forth in Law Number 26 of 2007 on Spatial Planning, urban spatial planning must include a plan for the provision and utilization of green open spaces covering at least 30% of the city's total area. Green Open Spaces play a crucial role in urban spatial planning and mitigating the environmental impacts caused by urbanization. However, studies regarding the integration of Green Open Spaces and spatial planning policies have not been extensively discussed. The objective of this study is to identify the extent of legal compliance regarding green open spaces in the City of Semarang. The research method employed in this study is empirical legal research, utilizing data collection techniques such as interviews, obeconservations and documentation. Based on the research conducted, it was found that the green open space in Semarang City covers an area of 23,146,701 hectares, or 61.94% of the city's total area. This indicates that the green open space in Semarang City is in compliance with the provisions of Law Number of 2007. Furthermore, this study aims to examine the alignment and availability of green open spaces as well as the implementation of related policies in regional planning documents such as the Regional Spatial Plan and Detailed Spatial Plan. The purpose of this study is to ensure that the Semarang City Government plans to add at least 7,487.4 hectares of public green open space so that public green open space in Semarang City reaches 30%. 
Responsibilities of Land Rights Holders in the Control of Abandoned Land Indicated by the Existence of Abandoned Buildings Mohammad Firdaus Syahputra
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.49644

Abstract

The problem of abandoned land reflects inconsistency between land utilization and the principle of the social function of land under Indonesian agrarian law. One indication of abandoned land is the existence of abandoned buildings, demonstrating that land is not cultivated, utilized, used, or maintained according to the purpose for which the land right was granted. This study analyzes the responsibilities of land rights holders and the authority of local governments in controlling abandoned land associated with abandoned buildings under Government Regulation Number 48 of 2025, using the former PT Telkom building in Kudus Regency as a case study. The research employs an empirical juridical method with statutory and case study approaches. Data were collected through library research, field observations, and interviews and analyzed qualitatively. The findings indicate that the land occupied by the former PT Telkom building shows signs of abandonment because it has not been utilized or maintained in accordance with the purpose of the granted land right, as reflected by the prolonged existence of abandoned buildings. This condition demonstrates the inadequate implementation of land rights holders’ responsibilities and contradicts the principle of the social function of land. Furthermore, local government efforts remain ineffective due to regulatory ambiguities, limited authority over certain assets, inadequate land administration data, and weak inter-agency coordination. Therefore, strengthening regulations, improving institutional coordination, and optimizing supervision of land utilization are essential to ensure effective control of abandoned land and the realization of its social function.
Legal Control Efforts Against Illegal Buildings on the Borders of the Pelayaran River Nurul Khikmah
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.57516

Abstract

Spatial planning in river border areas is an essential instrument for maintaining the ecological function of rivers and ensuring land use complies with applicable laws and regulations. However, the implementation of legal control over illegal buildings along the Pelayaran River border in Karangtowo Village, Demak Regency, continues to face various obstacles, preventing effective enforcement. This study aims to analyze the implementation of legal control over illegal buildings based on the Regulation of the Minister of Public Works and Public Housing Number 28/PRT/M/2015 and to identify the factors hindering its effectiveness. This research employed an empirical juridical method with a qualitative approach. Data were collected through field observations, interviews with relevant government agencies and local communities, and a review of legislation and related literature. The findings indicate that legal control has not been implemented optimally. Normatively, the Pelayaran River is classified as an urban river without embankments, requiring a minimum river border distance of ten meters from both sides of the riverbank. Empirically, approximately seventy semi-permanent buildings are still used for commercial purposes, with several structures extending into the river channel, violating the Ministerial Regulation. This condition reflects a gap between das sollen and das sein in spatial control implementation. Major obstacles include low public legal awareness, ineffective public outreach, the high economic value of the river border area, and increasing commercial activities driven by nearby industrial development. Strengthening institutional coordination, continuous monitoring, and community empowerment are therefore necessary to restore the river border's protective function sustainably.
Analysis of the Socio-Economic Impact of Agrarian Reform Through Access Arrangements Zefanya Nathalieana Mellynda Haskoro
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.50062

Abstract

This study aims to analyze the effectiveness of agrarian reform implementation through the land access restructuring program in Karangtengah Village, Sukoharjo Regency, and to identify the factors influencing the success of its implementation. This study employs a qualitative method with a socio-legal approach to examine the gap between legal norms and empirical realities in the implementation of agrarian reform. Primary data was obtained through an interview with Aditya Dwi Prasetyawan, S.Ikom., serving as the First-Level Community Empowerment Officer in the Land Management and Empowerment Section of the Sukoharjo Regency Land Office. Secondary data was obtained through document analysis, specifically the 2024 Social Mapping Report on Agrarian Reform Access (ARA) Activities and various regulations related to agrarian reform. The research findings indicate that asset management through land certification has successfully enhanced legal certainty regarding community- d land; however, the effectiveness of access management in improving community economic well-being remains suboptimal. Major constraints include limited access to capital, technology, and markets, as well as weak coordination between the Sukoharjo Regency Land Office, the Sukoharjo Regency Government, and economic support institutions. Additionally, the distribution of assistance programs remains insufficiently inclusive and equitable. From a socio-legal perspective, this situation indicates a gap between the normative goals of agrarian reform and its implementation on the ground. Therefore, a more integrative, participatory, and sustainable agrarian reform policy model is needed so that agrarian reform not only results in the legalization of assets but also achieves social justice and improves community welfare.
Reconstruction of National Agrarian Data Security through Blockchain Technology: An Urgency Following the PDNS 2 Ransomware Incident Daffa Al-Fidaus Widhianto
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.54475

Abstract

The digital transformation of land administration in Indonesia, characterized by the implementation of electronic land certificates under Minister of ATR/BPN Regulation Number 1 of 2021, faces serious challenges in cyber security. The use of a centralized database system has proven to have a fatal single point of failure, as evidenced by the Ransomware attack on the Temporary National Data Center (PDNS) 2 in 2024 which paralyzed 282 government institutions, as well as the leakage of 1.3 billion data by the hacker Bjorka in 2022. This research aims to analyze the vulnerability of the current land data infrastructure and examine the urgency of adopting Blockchain technology as a land data protection solution. Using a normative legal research method with a statutory, conceptual, and case approach, the results indicate that the centralized system is no longer adequate to guarantee the integrity of national agrarian data amidst destructive cyber threats. Blockchain technology offers decentralization and immutability that can prevent data manipulation by "digital land mafias" through a transparent network consensus mechanism. The successful implementation of Blockchain in land registration in Georgia since 2016 provides empirical evidence that this technology can ensure the permanent integrity of land ownership history. Regulatory reconstruction accommodating distributed ledger technology in national agrarian law is a necessity to achieve absolute legal certainty for landholders in the digital age. This research recommends the establishment of Government Regulation-level regulations governing Blockchain technical standards, synchronization between regulations, and a pilot project in several land offices before national implementation.
Overlapping Land Ownership Certificates Muhammad Wildan Aulia Fahmi; Dian Latifiani
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.57821

Abstract

Land registration serves as the primary legal instrument for guaranteeing property rights security in Indonesia, yet the phenomenon of overlapping certificates of ownership (Sertipikat Hak Milik/SHM) continues to undermine the very legal certainty it is meant to provide. This study aims to analyze the legal consequences of overlapping certificates of ownership and to examine dispute resolution mechanisms under the Basic Agrarian Law (UUPA) No. 5 of 1960 and Government Regulation (PP) No. 24 of 1997 on Land Registration. This research employs a normative juridical method with a statutory approach (statute approach) and a conceptual approach (conceptual approach), utilizing primary and secondary legal materials gathered through library research and analyzed using descriptive-analytical techniques. The findings reveal that overlapping certificates generate three principal legal consequences: legal uncertainty over ownership status, potential certificate invalidation, and administrative liability of the National Land Agency. Dispute resolution may be pursued through non-litigation (mediation at the Land Office) or litigation before the General Court or Administrative Court, depending on the substance of the claim. Analysis confirms that the negative-tendency-positive publication system under UUPA operates in synchronization with the stronger evidentiary protection afforded by PP No. 24 of 1997, as the latter was enacted specifically to implement the former; overlapping certificates instead stem primarily from procedural and administrative weaknesses in land registration practice. This study concludes that resolving overlapping certificates requires strengthened procedural implementation, including clarification of the criteria for good faith and actual possession, digitalization of land administration, strengthened verification procedures, and institutional capacity building within BPN.
Land Disputes in Pakel Village from the Perspective of Agrarian Reform Evi Hariyani
Indonesian Journal of Agrarian Law Vol. 4 No. 1 (2027): March, 2027
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v4i1.58002

Abstract

This study analyzes the land dispute in Pakel Village, Licin District, Banyuwangi Regency, through the lens of agrarian reform following the enactment of Banyuwangi Regency Regional Regulation No. 2 of 2024 concerning the 2024–2044 Regional Spatial Plan. The dispute arises from the classification of the contested area as a plantation zone, which may reinforce the legal standing of the company's Right to Cultivate (Hak Guna Usaha/HGU), despite the existence of historical claims and longstanding community control over the land. This research aims to assess whether the spatial planning policy incorporates considerations of agrarian justice and equitable land management or instead contributes to the persistence of structural inequalities in land tenure. Employing normative legal research, the study adopts statutory, conceptual, and case approaches, with particular emphasis on Judgment No. 181/Pdt.G/2024/PN Banyuwangi. Data were obtained through literature review, examination of legal documents, and interviews. The findings reveal that, although Regional Regulation No. 2 of 2024 is formally consistent with national spatial planning frameworks, it has not adequately accommodated agrarian reform principles or recognized the historical dimensions of land tenure in Pakel Village. The designation of plantation areas within the disputed territory may strengthen the position of HGU holders while limiting opportunities for local communities to obtain formal recognition of their land rights. Accordingly, this study highlights the need for participatory and equitable mechanisms, including mediation, spatial policy evaluation, and the reinforcement of agrarian reform initiatives in resolving agrarian conflicts in Pakel Village.

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