Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Paradox of Land Ownership after the Era of Democratic Economy-Based Reform According to Agrarian Law in Indonesia

Author(s): Darwin Ginting

Indonesia is ranked 4th as the country with the largest population in the world. As a result, land needs continue to increase, both as a place of residence, place of business and agricultural land. The problem at the moment is how to control the ownership and ownership structure of the land. The balance between the private sector and the interests of the community or individuals can be maintained. Following the mandate of the constitution and the mandate of the 1998 reform, land use must return to defend the people's economy. But why is the paradox of land tenure and ownership still happening today? This study aims to analyze land ownership based on people's economy according to land law in Indonesia. This study used a normative juridical method with a legal statement approach, a historical approach, a political law approach to land law, and an economic approach. The results of this study are policies on the control and ownership of land rights that have responded to the demands for reform, namely the welfare of the nation's children, which is regulated in the 1999 National Guidance and Decree of the Republic of Indonesia Number IX Year 2001 Presidential Decree Number 34 the Year 2003. It's just that the implementation has not been followed up because political dynamics at the time so that the opportunity and equality to obtain fundamental land rights for someone in developing a people's economy had not yet moved. Because agrarian reform regulated by Government Regulation Number 68, the Year 2019 has not been followed up.

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