Regulation of State Ownership Rights Over Land in The National Agrarian Legal System

State control over land is a fundamental principle in Indonesia's national agrarian legal system, which is based on Article 33 paragraph (3) of the 1945 Constitution and elaborated in Law No. 5 of 1960 concerning Basic Agrarian Principles (UUPA). The state, as the holder of state ownership rights over land, has the authority to regulate the allocation, use, and ownership of land for the greatest prosperity of the people. This study aims to analyze the legal provisions regarding state ownership rights and examine their implementation in land management practices in Indonesia. The research method used is normative legal analysis with a legislative and doctrinal approach. The results of the study indicate that although the regulation of state control rights has been legally regulated through the UUPA and its derivative regulations, in practice, various problems are still found, such as overlapping claims, agrarian conflicts, and weak protection of the rights of indigenous peoples and farmers. Therefore, it is necessary to strengthen regulations and the implementation of agrarian justice principles so that state control rights truly function for the welfare of the people.

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Publication Details

Journal
Pena Justisia Media Komunikasi dan Kajian Hukum
Published
2025-07-13
DOI
https://doi.org/10.31941/pj.v24i2.6595
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Regulation of State Ownership Rights Over Land in The National Agrarian Legal System

Mustika Mega Wijaya, Mustaqim Mustaqim, Mayzara Sari Fitria
Pena Justisia Media Komunikasi dan Kajian Hukum
Digital Transformation in Law
article

Regulation of State Ownership Rights Over Land in The National Agrarian Legal System

Mustika Mega Wijaya, Mustaqim Mustaqim, Mayzara Sari Fitria
article en

Abstract

State control over land is a fundamental principle in Indonesia's national agrarian legal system, which is based on Article 33 paragraph (3) of the 1945 Constitution and elaborated in Law No. 5 of 1960 concerning Basic Agrarian Principles (UUPA). The state, as the holder of state ownership rights over land, has the authority to regulate the allocation, use, and ownership of land for the greatest prosperity of the people. This study aims to analyze the legal provisions regarding state ownership rights and examine their implementation in land management practices in Indonesia. The research method used is normative legal analysis with a legislative and doctrinal approach. The results of the study indicate that although the regulation of state control rights has been legally regulated through the UUPA and its derivative regulations, in practice, various problems are still found, such as overlapping claims, agrarian conflicts, and weak protection of the rights of indigenous peoples and farmers. Therefore, it is necessary to strengthen regulations and the implementation of agrarian justice principles so that state control rights truly function for the welfare of the people.

Pena Justisia Media Komunikasi dan Kajian HukumVol. 24(1)
Pakuan University (ID)
Openalex Percentile: Top 54%
Digital Transformation in Law
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Regulation of State Ownership Rights Over Land in The National Agrarian Legal System — Mustika Mega Wijaya, Mustaqim Mustaqim, et al. · Pena Justisia Media Komunikasi dan Kajian Hukum (2025) | TGRS Research Map | TGRS