Reorienting the Agrarian Law: The Role of Agrarian Law in the Life of the Nation, State and Government

This article critically examines the reorientation of Indonesian agrarian law, particularly land law, in light of the deviation from its foundational values of unity and social justice. Using a normative legal research method with a conceptual and statutory approach, this study analyzes the historical trajectory of agrarian legislation, the persistence of colonial doctrines such as domein verklaring, and the impact of recent regulations including the Job Creation Law and Presidential Decree No. 75/2024. The findings reveal that land—originally positioned as a national asset grounded in adat law and religious-magical values—has increasingly been commodified and subjected to sectoral legal fragmentation. This shift has weakened community access and ulayat rights, while favoring legal entities and foreign capital. The study argues for a reorientation of agrarian legal politics that restores land as a national asset in accordance with the 1945 Constitution, the Basic Agrarian Law (UUPA), and the values of the 1928 Youth Pledge. Such reorientation is essential to safeguard indigenous rights, strengthen legal certainty, and ensure that land governance serves the greatest prosperity of the people.

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Publication Details

Journal
Jurnal Hukum
Published
2026-11-05
DOI
https://doi.org/10.26532/egm0v225
Primary Topic
Land Rights and Reforms
Type
article
Field-Weighted Citation Impact
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article

Reorienting the Agrarian Law: The Role of Agrarian Law in the Life of the Nation, State and Government

Firman Muntaqo, Mada Apriandi Zuhir, Alip Dian Pratama, Febrian Febrian
Jurnal Hukum
Land Rights and Reforms
article

Reorienting the Agrarian Law: The Role of Agrarian Law in the Life of the Nation, State and Government

Firman Muntaqo, Mada Apriandi Zuhir, Alip Dian Pratama, Febrian Febrian
article en

Abstract

This article critically examines the reorientation of Indonesian agrarian law, particularly land law, in light of the deviation from its foundational values of unity and social justice. Using a normative legal research method with a conceptual and statutory approach, this study analyzes the historical trajectory of agrarian legislation, the persistence of colonial doctrines such as domein verklaring, and the impact of recent regulations including the Job Creation Law and Presidential Decree No. 75/2024. The findings reveal that land—originally positioned as a national asset grounded in adat law and religious-magical values—has increasingly been commodified and subjected to sectoral legal fragmentation. This shift has weakened community access and ulayat rights, while favoring legal entities and foreign capital. The study argues for a reorientation of agrarian legal politics that restores land as a national asset in accordance with the 1945 Constitution, the Basic Agrarian Law (UUPA), and the values of the 1928 Youth Pledge. Such reorientation is essential to safeguard indigenous rights, strengthen legal certainty, and ensure that land governance serves the greatest prosperity of the people.

Jurnal HukumVol. 42(4)
Sriwijaya University (ID)
Openalex Percentile: Top 17%
Land Rights and Reforms
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