Problems and Implementation of Government Regulation Number 1 of 2011 Regarding the Transfer of Function of Agricultural Land to Industrial Land

Abdul Kodir, Amin Purnawan, Akhmad Khisni

Abstract


The threat to disruption of food security due to rampant conversion of agricultural land is very significantagainst land use change according to Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 has regulated limitatively that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The purpose of this study is to determine the implementation of land use change according to Government Regulation No. 1 of 2011 and to find out the legal consequences of the conversion of agricultural land into industrial areas. The method used in this research is sociological juridical method, the specification in this research is descriptive analysis, data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty, and Justice Theory. The results of this study indicate that transfer of function in Government Regulation No. 1 of 2011 concerning the Designation and Transfer of Function of Sustainable Food Agricultural Land in article 35 regulates that land that has been designated as Sustainable Food Agricultural Land is protected and prohibited from being converted. The local government can carry out the conversion of land functions in the context of land acquisition for the public interest or a disaster occurs. Industry is not included in the public interest, which is allowed to use paddy fields for conversion. Regarding law enforcement on the conversion of agricultural land functions, the central and regional governments still consider that development is merely encouraging the improvement of physical infrastructure, which often sacrifices productive agricultural land. The conversion of agricultural land to residential areas, the development of public infrastructure and industrial facilities is quite alarming so that it will have an impact on the national and regional food crisis if not handled seriously. In the midst of the food self-sufficiency target, there needs to be serious steps in law enforcement and maximum protection of productive agricultural land.


Keywords


Change of Function of Land; Agricultural Land; Industrial Land.

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References


Books:

Abrar Saleng. (2007). Mining Law. Yogyakarta: UII Press

Achmad Chulaemi. (1992). Land Procurement For Certain Purposes In Development Framework. Semarang: Magazine of Legal Issues Number 1 FH UNDIP

Adisasmita, Rahardjo. (2010). Management of Regional Income and Orchids. Yogjakarta: Graha Ilmu

Ali Achmad Chomzah. (2005). Agrarian Law (Indonesian Land). Jakarta: Prestasi Pustaka Publisher

Bagir Manan. (2010). State Administrative Law, Revised Edition. Jakarta: Raja Grafindo Persada

Mahfud MD. (2011). Building Political Law, Upholding the Constitution. Jakarta: PT Raja Grapindo Persada

Maria SW Sumarjo. (2008). Land in the Perspective of Economic, Social and Rights Culture. Jakarta: Kompas Gramedia

Mustofa Suratman. (2013). Use of Land Rights for Industry. Jakarta: Sinar Grafika

Nana Apriyana. (2011). Agricultural Land Conversion Policy in the Context of Maintaining Land Resilience, Case Study in Java Island. Jakarta: Ministry of National Development Planning/Bappenas.

NM Spelt and JBJM Ten Berge. (1993). Introduction to Licensing Law. Surabaya: Yuridika

Regulations:

Act No. 56 Prp of 1960 concerning the Determination of Land Areas Agriculture

Law of the Republic of Indonesia Number 26 of 2007 concerning Spatial planning

Act No. 41 of 2009 concerning Protection of Agricultural Land Sustainable Food

Government Regulation Number 16 of 2004 concerning Land Use

Government Regulation No. 1 of 2011 Concerning Assignment and Transfer of Functions Land Sustainable Food Agriculture

Joint Instruction of the Minister of Home Affairs and Regional Autonomy with the Minister Agraria dated January 5, 1961 No. Sekra 9/1/12 about Definition of Land Agriculture

Regulation of the Minister of Home Affairs Number 5 of 1974 concerning Provisions Provisions Regarding the Provision and Granting of Land for Company Purposes Good In the context of investment Foreign

Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency Number of 1993 concerning Procedures for Obtaining Location Permits and Rights Over the land For companies in the context of investment

Decree of the State Minister for Agrarian Affairs/Head of the National Land Agency Number 21 of 1994 concerning Procedures for Acquiring Land for Internal Companies Investment Framework

Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency Number 2 of 1999 concerning Location Permits

Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Cancellation of Rights to State Land and Management Rights

Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 15 of 2018 concerning Technical Considerations of Land




DOI: http://dx.doi.org/10.30659/sanlar.v3i1.13524

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