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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 86 Documents
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The Role of the Government and the National Land Agency in Ensuring Legal Certainity in Land Acquisition for Public Interest Revalina Annisa Antoine
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.45552

Abstract

Land acquisition for development for the public interest is an important instrument in supporting national development, but in practice it often raises legal disputes, especially regarding land ownership status, compensation, and legal certainty for affected parties. This study aims to analyze the legal considerations of judges in deciding land acquisition disputes in the public interest and examine the role of local governments and the National Land Agency in ensuring legal certainty, with a study on Decision Number 43/Pdt.G/2024/PN.Smg related to the construction of the Semarang-Demak Toll Road. The research method used is normative-empirical legal research with a descriptive-analytical approach. The normative approach is carried out through analysis of laws and regulations and court decisions, while the empirical approach is conducted through interviews and review of relevant documents. The results show that disputes are not solely caused by overlapping land ownership, but also by weak land administration and non-optimal recording of transfer of rights, causing uncertainty regarding parties entitled to compensation. The judge's consideration in this case focused more on formal aspects and legal position of the parties, so the lawsuit was declared unacceptable. This research contributes to strengthening understanding of the importance of orderly land administration and inter-agency coordination in land acquisition. The conclusion emphasizes that the role of local governments and the National Land Agency determines the realization of legal certainty. Therefore, strengthening land administration management after land acquisition is necessary to prevent similar disputes in the future.
Illegal Mining and Regional Spatial Plan Violations (A Case Study of Kedungmalang Village, Batang Regency) Eza Kamelia
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.45553

Abstract

Spatial planning is a fundamental instrument in regulating land use. To maximize the utilization and function of land, the Regional Spatial Plan (RTRW) was established as a tool to maintain spatial balance. Activities that are inconsistent with the intended use and function of the land can disrupt this balance and indicate poor governance. Illegal mining practices in Kedungmalang Village, located along the riverbank, constitute violations of spatial planning regulations and administrative offenses. This study aims to analyze these mining violations in relation to the Batang Regency RTRW and to assess the effectiveness of the local government’s law enforcement. The methodology employed in this study is a normative-empirical legal approach. The normative analysis was conducted through a literature review of relevant regulations. Subsequently, the empirical approach was conducted through field observations and in-depth interviews with various relevant parties. The data obtained were then analyzed using descriptive-qualitative methods to identify the gap between legal norms and actual practices on the ground. The research findings reveal multidimensional violations of regulations regarding spatial planning, permitting, and environmental protection. Furthermore, the effectiveness of law enforcement regarding spatial planning protection remains limited. This study comprehensively examines the inconsistencies between illegal mining practices and RTRW provisions, as well as the effectiveness of law enforcement. Consequently, this research underscores the urgency of synchronizing spatial planning regulations at both the central and regional levels. Furthermore, effective oversight and the consistent application of legal sanctions are also necessary to ensure the sustainability of spatial planning.
Conflict Of Intrest In Core Zone Conservation Against Community Land Use In The Parangtritis Sand Dunes Fatih Henning; Asmarani Ramli; Suhadi Suhadi
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.45665

Abstract

Sand Dunes are a unique natural phenomenon, especially in tropical regions such as Indonesia. Their existence has led some communities to establish buildings and economic activities for their livelihoods. These buildings and activities certainly threaten the sustainable existence of the sand dunes, thus requiring serious responses and efforts from policymakers. This study examines the conflict of interest between the local government and the Parangtritis community in the utilization of the Parangtritis Sand Dunes. The method used is empirical juridical, which combines the analysis of legal norms with social reality in the field. Primary data used are interviews with related parties, namely the Bantul Regency Government and the community around the core zone. The research results show that land tenure carried out by the community is not based on legitimate rights under Law Number 13 of 2012 and the Regulation of the Governor of the Special Region of Yogyakarta Number 33 of 2017. Buildings and activities frequently carried out in the core zone also threaten the existence of the dunes and obstruct the wind flow that carries sand material. This study finds that community collaboration and awareness for sustainable environmental utilization are necessary to prevent the extinction of the Parangtritis Sand Dunes.
Resolution of the "Tegal Pangonan" Land Tenure Conflict from an Agrarian Law Perspective: A Case Study in Meteseh Village, Kendal Regency Dihyan Arga Perdana
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.45770

Abstract

This research analyzes the legal certainty of Tegal Pangonan land physically occupied by the community, using a case study of land tenure dynamics in Meteseh Village, Kendal Regency. The primary focus of this study is to examine the phenomenon where long-term physical occupation of land has not yet received formal legal recognition through certification. The research problem stems from differing interpretations of administrative procedures at the village level, which have hindered the land registration process. This study aims to analyze the agrarian legal framework in resolving Tegal Pangonan land tenure conflicts and to identify the role of local government agencies in the land administration process. The method employed is socio-legal (juridical-empirical) with a descriptive-analytical approach. The findings indicate that the lack of legal certainty is often caused by inconsistencies in land data and differing interpretations of evidence regarding physical occupation. As a conceptual solution, this research emphasizes the importance of effective mediation and policy synchronization between village governments, land agencies, and the state to achieve agrarian justice for the community.
Legal Protection For Communities Affected By Coal Mining Activities In Muara Enim Regency Mohammad Fidel Ughniyah Gibran
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.46493

Abstract

Coal mining in Muara Enim Regency makes a significant contribution to the national and regional economies; however, it also causes serious environmental, social, and health impacts on the surrounding communities. Although national legal frameworks such as Law No. 32 of 2009 on the Environment and the Mineral and Coal Law have established principles of environmental protection and community rights, their implementation on the ground still faces many challenges. This study aims to analyze the effectiveness of legal protection for communities affected by coal mining in Muara Enim, using a qualitative approach and Philipus M. Hadjon’s theoretical framework of legal protection, which encompasses preventive and repressive dimensions. The research findings indicate that although legal mechanisms such as Environmental Impact Assessments (EIA), land reclamation, and compensation are available in theory, their implementation is often hindered by weak oversight, lack of transparency in information, and limited legal capacity among communities. Furthermore, the reclamation process has not fully succeeded in restoring the ecological functions of the land, while community access to justice remains constrained by bureaucracy and power imbalances. This study recommends strengthening oversight institutions, increasing community participation, ensuring transparency in permitting data, and reforming the compensation system to achieve substantive environmental justice.
Legal Protection For Communities Affected By National Development Projects: A Case Study Of The Cabean Dam Development Project In Blora Ananda Nugroho Bimo Sembodo
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.46958

Abstract

National development projects, including the construction of the Cabean Reservoir in Blora Regency, Central Java, are part of the government's efforts to realize social welfare and national food security. Behind these noble objectives, serious issues arise regarding legal protection for affected communities, particularly in the land acquisition process. This study aims to analyze the forms of legal protection for communities affected by the Cabean Reservoir construction project, identify occurring legal violations, and evaluate the effectiveness of available legal mechanisms. The research method employed is a juridical-normative approach coupled with qualitative analysis of laws and regulations, as well as primary data derived from interviews and field observations in Karanganyar and Todanan Villages. The findings indicate that despite the existence of a comprehensive legal framework—such as the Basic Agrarian Law (UUPA), the Law on Land Acquisition for Public Interest, and the Presidential Regulation on Social Impact Handling—field implementation frequently lacks transparency, fails to fulfill the principle of justice, and neglects the community's right to fair compensation. Numerous residents reported unilateral land expropriation without proper consignment processes, land re-measurement, or valid documentation. This demonstrates a deficiency in both substantive and procedural legal protections. Therefore, it is imperative to strengthen oversight, foster community participation, and ensure consistent law enforcement so that national development does not compromise the rights of the citizens. 
The Implementation of Destroyed Land Status Determination and the Provision of Compassionate Funds for Communities Affected by the Barrage Project (A Case Study in Jeruksari Village, Pekalongan Regency) M. Fikry Aimmar Rabbani
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.47038

Abstract

Permanent tidal floods in Jeruksari Village, Pekalongan Regency, have eliminated the physical form and function of community-owned land. This necessitated a "destroyed land" status as an administrative prerequisite for land procurement for a barrage project. However, this policy triggered social conflicts, particularly residents rejecting the compassionate funds as compensation, deeming it excessively low and unjust. This research analyzes the implementation of the destroyed land status in Jeruksari Village and assesses the effectiveness of compassionate funds as legal protection for affected communities. Using an empirical-juridical method with a descriptive-qualitative approach, data was collected via field observations, literature reviews, and interviews with residents, village officials, and the Land Office. Results show that administratively, the procedure for determining destroyed land aligns with the ATR/BPN Ministerial Regulation Number 3 of 2024, despite technical constraints from a 3-meter seawater inundation. However, the provision of compassionate funds (IDR 29,500 per square meter) is ineffective. Based on legal effectiveness and protection theories, this amount fails to fulfill justice and economic utility for communities losing their livelihoods. Therefore, improved policy communication and an evaluation of the compassionate fund mechanism are required to better reflect justice and utility for the affected communities.
Resolution of Overlapping Land Certificate Disputes in the Complete Systematic Land Registration (PTSL) in Sedayu Village, Batang Regency Laela Meiliana Putri; Ubaidillah Kamal
Indonesian Journal of Agrarian Law Vol. 3 No. 3 (2026): Land Registration, Legal Certainty, and Dispute Resolution: Transactions, Licen
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i3.47106

Abstract

Land is vital resource with social, economic, and legal value, thus requiring legal certainty through land registration. The Indonesian goverment has implement the Comprehensive Systematic Land Registration Program (PTSL) to accelerate land certification and provide legal protection to the public; however, overlapping land certificates remain an issue in its implementation. This study aims to analyze the factors causing overlapping land certificates and mechanism for resolving them in the implementation of the PTSL in Sedayu Village, Batang Regency.  The research method use is qualitative with an empirical juridical approach through the collection of primary data in the form of interviews and secondary data in the form of laws and regulations as well as related documents. The results of the study indicate that land certificate overlaps are caused by technical factors, namely the quality of land daata in KW 456, which has not been digitally mapped; social factors, such as miscommunication among the community regarding PTSL procedurs; and administrative factors, such as the disorganization of the Village Book C administration. Resolution efforts involve improving land data quality through remapping and data validation, optimizing public outreach, and sreamlining theh administration of the Village Book C through data updtes, digitalization, and integration with the ATR/BPN system. Consequently, comprehensive and integrated resolution measures are necessary to ensure legal certainty and prevent future land disputes.
Analysis of the Bengkok Land Dispute Following the Complete Systematic Land Registration (PTSL) in Tanjungmojo Village, Kendal Regency Melinda Putri Lutfi Cahyani
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.47214

Abstract

The Comprehensive Systematic Land Registration (PTSL) program was designed to ensure legal certainty; however, its implementation regarding irregularly shaped plots in Tanjungmojo Village demonstrates that disputes can still arise due to physical control on the ground that does not align with established boundaries. This article aims to analyze the factors causing post-PTSL disputes over irregularly shaped land and to formulate strategies for preventing future disputes over village assets. This study employs an empirical legal method with a descriptive-analytical approach through interviews and field observations of the subject of Land Use Certificate No. 00014. The findings reveal that the dispute arose due to residents’ unauthorized physical occupation of approximately 477 m² following the certificate’s issuance, which was not accompanied by optimal physical boundary demarcation. It is concluded that legal certainty through the PTSL program does not rely solely on administrative data but also on the control of physical conditions on the ground. As a recommendation, strengthening the supervision and maintenance of boundary markers is necessary to prevent future disputes.
Legal Protection for Holders of Land Ownership Certificates Affected by Erosion of the Bekasi River Shalsabila Putri Fairuz Zahra
Indonesian Journal of Agrarian Law Vol. 3 No. 2 (2026): Land Disputes, Legal Certainty, and Spatial-Environmental Governance: Legal Pro
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jal.v3i2.47410

Abstract

River abrasion is one of the natural events that can cause changes in the physical condition of land, or even result in the complete disappearance of land. This situation raises legal issues, particularly for communities that hold Certificate of Ownership (Sertipikat Hak Milik) over land subsequently affected by abrasion. This problem occurs in Sriamur Village, North Tambun District, Bekasi Regency, where abrasion of the Bekasi River has caused a reduction in land area and even the loss of several land plots belonging to residents. This study aims to analyze the legal status of land affected by abrasion as well as the forms of legal protection for holders of the Certificate of Ownership over such land. The research employs a juridical-empirical approach by examining laws and regulations related to land rights, rivers, and the environment, supported by field data obtained through interviews with affected residents and relevant agencies. The results show that river abrasion may cause land to be classified as destroyed land (tanah musnah) if it can no longer be identified, thereby extinguishing the land rights and reverting them to state control. However, in practice, there remains legal uncertainty due to the absence of an official determination of destroyed land and the lack of a compensation mechanism for communities whose land has been reduced or has fallen into the river border area.

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