E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 3, Issue 4, 2023

Problems with Regulation of the Minister of Agrarian Affairs Number 18 of 2016 on the Transfer of Ownership of Agricultural Land with Different Domiciles (Guntai)

Author(s): Amelia Niken Pratiwi, Imam Sanusi, Septian Putri Nindiasari


Most of Indonesia's population depends on the agricultural sector for their livelihood. The Basic Agrarian Law requires agricultural landowners to cultivate and manage their own land actively. However, the reality is that there are still people who own land that exceeds the maximum allowed limit, and there are still landowners who manage their land in a guntai manner. This happens because the rules are inconsistent and irrelevant to the current conditions in the era of globalisation 4.0, where investment is more emphasised than compliance with the regulations. In addition, less stringent supervision from the authorities is also to blame for this, as well as indecisive action due to lacunae in the applied rules. Therefore, it is hoped that the rules will be revised. This research method uses two methods, namely the statute approach and the conceptual approach. The statute approach in this research is normative legal research, which is a type of research that refers to legal norms contained in laws and regulations. The Result of this research, the transfer of ownership of land with different domiciles (guntai) in Indonesia still faces various problems, including legal inconsistencies, as well as a norm vacuum in the Regulation of the Minister of Agrarian Affairs and Spatial Planning of the National Land Agency Number 18 of 2016 concerning Control of Agricultural Land Tenure which does not clearly state the requirements for land ownership and strict sanctions against violators of the provisions of the regulation.

Keywords: Basic Agrarian Regulations, Land Ownership, Guntai

Pages: 177-182

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