E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 5, Issue 3, 2025

Urgency and Legal Certainty of the Formation of a Land Bank Agency in Indonesia



Author(s): Rahadiyan Veda Mahardika, Fendi Setyawan, Bhim Prakoso, Gatot Suyanto

Abstract:

This study aims to examine the legal certainty of the position of the land bank agency in Indonesia. to ensure prosperity and provide welfare for all Indonesian people where the state must be able to regulate, plan and also control the control and ownership of land rights. Improper land management can cause various problems such as environmental degradation, inequality in the structure of control, ownership, use and utilization of land. This problem can cause prolonged conflict so that the state needs to take steps to improve the land system in Indonesia, one of the policies issued is agrarian reform. special authority held by the Land Bank Agency which is regulated by law, namely Law No. 11 of 2020 concerning Job Creation. The issuance of this Law sparked various pros and cons debates in society until a formal test was carried out at the Constitutional Court which resulted in the Constitutional Court decision No. 91 / PUU-XVIII / 2020. This decision stated that Law No. 11 of 2020 concerning Job Creation contradicts the 1945 Constitution, thus creating problems related to the legal certainty of the Land Bank Agency. The legal issues that will be discussed are 1). What is the urgency of establishing a Land Bank Agency in Indonesia? and 2). What Are the Characteristics of Land Bank Agencies in Indonesia? The methodology used is normative juridical, with a conceptual approach and a legislative approach. The results of the study related to this matter, the Land Bank Agency still has legal certainty because the results of the Constitutional Court's decision are only valid until the government makes improvements and the rights have been exercised and a PP concerning the Land Bank Agency is issued in 2021.


Keywords: Urgency and Legal Certainty, Establishment, Land Bank

Pages: 1059-1065

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