THE CONCEPT OF LAND BANK FROM THE PERSPECTIVE OF LAW AND AGRARIAN POLITICS IN INDONESIA

https://doi.org/10.37178/ca-c.23.1.055

Abstract

This study aims to determine laws and regulations that closely related to the regulations of land bank and how to harmonize the regulations in Job Creation Law and Regulation of Land Banking toward general constitution. This method of this research used normative legal research with a qualitative approach. This study refers to the Statute Approach of Analysis which has an aim to analyze the constitution and regulations related to Land Bank regulations and the harmonization regulations to other regulations, especially in field of Land and Spatial Planning. The results of this study are related to the laws and regulations for the operation of land banks, such as: Constitution number 5/1960 regarding the Basic Agrarian Regulations, Constitution Number 41/2009 regarding Sustainable Food Farmland Protection, Constitution number 2/2012 concerning on Land Procurement for Development in Public Interest, Constitution number 26/2007 concerning on Spatial Planning, Government Regulation of Republic Indonesia Number 11/2010 concerning on Control and Utilization of Abandoned Land, Presidential Regulation Number 86/2018 concerning on Agrarian Reform, and there is a harmonization of the articles of regulation in Job Creation Law and the Regulation of Land Bank toward several other related regulations. Related to the practice of land bank, the government needs to observe a cumulative justice in the equality of every people opportunity to own a land, especially landless farmers, through land redistribution which is the main program of land banks.