Utilization of Abandoned Land in Realizing the Social Function of Land Based on Agrarian Justice

Abstract

Land has a social function that requires that its control and utilization are not only oriented towards individual interests, but also provide benefits to the community. The existence of abandoned land is problematic because land that has been granted rights or the basis of control is not utilized in accordance with the conditions, nature, and objectives of the granting of rights, while the community's need for land access continues to grow. This study aims to analyze the effectiveness of the utilization of abandoned land in realizing the social function of land based on agrarian justice through guarantees of justice, benefits, and legal certainty. The study uses a normative juridical method with a legislative, conceptual, and case approach. Legal materials were collected through literature studies and analyzed qualitatively with descriptive analytical specifications. The results show that PPAT has a supporting role in ensuring orderly administration and legal certainty for land legal acts under its authority, while the authority to regulate abandoned land lies with the authorized government organs. The effectiveness of regulation still faces issues of data accuracy, identification and assessment of land conditions, procedures, institutional capacity, inter-agency coordination, control conflicts, socio-economic factors, and supervision and follow-up of utilization. The utilization of state land that was formerly abandoned can be considered effective if it is able to integrate justice in the distribution of access and benefits, benefits through productive and sustainable land use, and legal certainty regarding status, allocation, beneficiaries, granting of rights, and supervision. The utilization model needs to be developed in an integrated manner starting from regulation, status determination, mapping of community potential and needs, determining allocation, beneficiary selection, granting of rights or access, productive use, and supervision and evaluation so that the land truly returns to its social function and supports the realization of agrarian justice.