The Effectiveness of Regulations Related to the Regulation of Abandoned Land in the Ideology of Pancasila Values

Ade Tiffany Pasha

Abstract


Optimization of land exploitation, use, utilization, and maintenance in Indonesian territory is needed to improve the environment, reduce poverty, and create jobs as well as improve food and energy security as mandated through Law No.   5 of 1960 concerning Basic Regulations on Agrarian Principles. The formulation of the problem in this study is (2) Procedures and stages in the issuance of abandoned land? (2) Factors Causing the Ineffectiveness of Laws and Regulations Related to the Control of Abandoned Land According to Soerjono Soekanto's Theory of Effectiveness?. The method used is descriptive.  The result of this study is If the land is deliberately not used in accordance with its condition or nature; if the land is not used in accordance with the purpose for which it was granted; The land is not well maintained; and Especially for Land Management Rights, if the authority of the right to control from the State over the land is not exercised by the holder of the management right in accordance with the purpose for which the authority is granted. ineffectiveness of human resource factors or those that establish and that propose land as an object of wasteland. If you look at the Supreme Court Decision on the authority aspect, it is found that the authority error in terms of determining a decree related to abandoned land objects, the ineffectiveness of human resource factors from procedural aspects, specifically regarding the stages of identification and research of abandoned land objects that are not in accordance with what is normed in laws and regulations related to the regulation of abandoned land.


Keywords


Wasteland, Regulation, Pancasila

Full Text:

PDF

References


Akhmad Safik1, Mira Ewinda. 2023. Land Management in the National Capital City of IKN. Journal of Law and Welfare Al Azhar University Indonesia Vol. 01, Number 08,

Boedi Harsono. Indonesian Agrarian Law. History of the Formation of the Basic Agrarian Law. Content and Implementation. (Jakarta: Djambaran. 2003)

Diab, A. (2014). The Role of Law as Social Control, Social Engineering, and Social Welfare. Al -’Adl, 7(2), 53–66.

Indroharto, Efforts to Understand the Law on State Administrative Courts Book II Proceedings at the State Administrative Court, Jakarta: Pustaka Sinar Harapan, 2005, p. 324.

Fidri Fadillah Puspita1, Fitri Nur Latifah, Diah Krisnaningsih.2021. The Urgency of the Presence of Land Banks as an Alternative to Restoring the Economy in Indonesia from an Islamic Law Perspective. Scientific Journal of Islamic Economics, 7(03), 1761-1773

Muwahid. Law on Land Acquisition for Development in the Public Interest. (Jakarta: Duta Media. 2020).

Maria S.W. Soemardjono. State Authority to Regulate the Concept of Land Control by the State. Inauguration Speech for the Position of Professor at the Faculty of Law, Gadjah Mada University. February 14. Yogyakarta. 1998. (Hereinafter referred to as Maria S.W. Soemardjono II). H. 6-7.

Marfungah, L., Redi, A., Saly, J. N. ., & Sudiro, A. . (2022). Internalization of Pancasila Values in Controlling Abandoned Areas and Land. Pancasila: Indonesian Journal, 2(1), 49–61.

Nurlinda, I., Pujiwati, Y., & Ishak, M. (2016). Comparison of Handling of Abandoned Land in Tasikmalaya Regency and Sukabumi Regency in Realizing Food Security in West Java Province. IUS QUIA IUSTUM Law Journal, 21(1), 120–138.

Trijono, R. (2015). The State's Right to Control in the Land Sector. Journal of the National Legal Development Agency, 1(1), 1–175

Tao Zhuo. Factors Influencing Land Development And Redevelopment During China's Rapid Urbanization: Evidence From Haikou City 2003—2016.

Tutiek Retnowati. 2018. Juridical Review of Legal Protection of Owners of Rights to Abandoned Land. Lex Journal: Law & Justice Studies

Govt, P. (N.D.). Republic of Indonesia Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats and Land Registration (P. 2021).

Putu Amalia, Diva Prasista, Ketut Kasta Arya Wijaya, Luh Putu Suryani. Regulation of Abandoned Land in Legislation in the Land Sector.Journal of Legal Construction Vol. 3, no. 3, September 2022, Pages 515-520

Ranitya Ganindha. The Urgency of Establishing a Land Bank Institution as an Alternative to Providing Land for the Community for Public Interest. (Arena Journal. Volume 9. No. 3. 2016).

Rahmawati, S. (2023). Internalization of Pancasila Values in the Regulation of Land Management Rights. AGRIFITIA : Journal of Agribusiness Plantation, 3(1), 52–60.

Raffi Noor. Land Bank Management. (Journal of the Directorate and Spatial Planning of BAPPENAS. Volume 1. March. 2014)

Santoso, U. (2005). Agrarian Law and Land Rights. Jakarta Kencana.




DOI: http://dx.doi.org/10.18415/ijmmu.v11i2.5430

Refbacks

  • There are currently no refbacks.


Copyright (c) 2024 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
https://ijmmu.com
editor@ijmmu.com
dx.doi.org/10.18415/ijmmu
facebook.com/ijmmu
Copyright © 2014-2018 IJMMU. All rights reserved.