Indonesia's Land Bank Authority: Aligning with Agrarian Law or Facilitating Land Grabbing?

This research critically examines Indonesia's land bank regulations, introduced under the Job Creation Law to boost investment, but which risk promoting land grabbing, particularly affecting farming and indigenous communities. The study's novelty lies in its focus on assessing the compatibility of land bank policies with Indonesia's agrarian legal framework through the lens of legal utilitarianism. By employing normative research methods, including theoretical and regulatory analysis, the study identifies significant legal flaws in both the legislative process and the content of the regulations. These issues undermine the principles of agrarian justice, particularly in ensuring equitable land ownership rights. This research offers urgent recommendations to policymakers, advocating for the protection of vulnerable communities from the adverse effects of land bank policies.

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Publication Details

Journal
Journal of Law and Legal Reform
Published
2024-12-15
DOI
https://doi.org/10.15294/jllr.v5i4.14472
Primary Topic
Land Rights and Reforms
Type
article
Field-Weighted Citation Impact
0.00
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article

Indonesia's Land Bank Authority: Aligning with Agrarian Law or Facilitating Land Grabbing?

Riezka Eka Mayasari, Jusafri Jusafri, Dyah Widowati, Nur Hidayani Alimuddin et al.
Journal of Law and Legal Reform
Land Rights and Reforms
article

Indonesia's Land Bank Authority: Aligning with Agrarian Law or Facilitating Land Grabbing?

Riezka Eka Mayasari, Jusafri Jusafri, Dyah Widowati, Nur Hidayani Alimuddin, Rizki Febrisari
article en

Abstract

This research critically examines Indonesia's land bank regulations, introduced under the Job Creation Law to boost investment, but which risk promoting land grabbing, particularly affecting farming and indigenous communities. The study's novelty lies in its focus on assessing the compatibility of land bank policies with Indonesia's agrarian legal framework through the lens of legal utilitarianism. By employing normative research methods, including theoretical and regulatory analysis, the study identifies significant legal flaws in both the legislative process and the content of the regulations. These issues undermine the principles of agrarian justice, particularly in ensuring equitable land ownership rights. This research offers urgent recommendations to policymakers, advocating for the protection of vulnerable communities from the adverse effects of land bank policies.

Journal of Law and Legal ReformVol. 5(4)
Muhammadiyah University of Makassar (ID), Universitas Sembilanbelas November Kolaka (ID), University of Amsterdam (NL)
No poverty
Openalex Percentile: Top 65%
Land Rights and Reforms
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Indonesia's Land Bank Authority: Aligning with Agrarian Law or Facilitating Land Grabbing? — Riezka Eka Mayasari, Jusafri Jusafri, et al. · Journal of Law and Legal Reform (2024) | TGRS Research Map | TGRS