Application for Permit to Grants Rights to State Land in Land Arrangement in Samarinda City

Abstract

Land is a strategic resource that plays a vital role in people's lives and national development. Therefore, land ownership, use, utilization, and registration must be implemented based on legal provisions that provide legal certainty and protection. In the context of Samarinda City, the Regional Government issued Samarinda City Regulation Number 2 of 2019 concerning State Land Clearing Permits (IMTN) as an instrument in land administration management. The existence of IMTN raises issues regarding the authority of the regional government in granting permits for state land and its position in the national land law system. This study aims to analyze the authorities in granting permits for state land clearing and analyze the existence of Samarinda City Regulation Number 2 of 2019 in land management in Samarinda City. The study uses an empirical legal research method with a sociological juridical approach. Data were obtained through literature studies and field research through interviews with parties related to the implementation of IMTN. Data analysis was conducted qualitatively. The results of the study indicate that the authority to grant rights to state land is, in principle, the authority of the central government through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency based on national land law provisions. Local governments do not hold the position of granting rights to state land, but they can exercise administrative functions to regulate and control land use within their authority. The IMTN in Samarinda City primarily serves as an administrative instrument to regulate state land ownership, not as proof of land rights. Therefore, the implementation of the IMTN must be implemented proportionally and harmonized with higher-level laws and regulations to avoid conflicting norms and legal uncertainty.