Legal Aspects of Land in the Regional Autonomy in Relation To Land Services in Indonesia

Abstract

Act Number 5 of 1960 on Basic Agrarian Law states that earth, water and airspace including the natural resources contained in it are in the highest instance controlled by the State being and Authoritative Organization of the whole People in Indonesia. Since the issuance of Law No. 5 of 1960, the agrarian authority has been held by the central government. When Law No. 22 of 1999 on Regional Government was first put into force, especially in Article 11, the land management was carried out by Regency / City Governments.

As a result, a number of Regency / City Governments had to form a land agency, creating a dualism in handling land matters because at that time Regency/City Land Offices acted as vertical agencies of the National Land Agency which also carried out the government duties in the land sector. To cope with the dualism in handling land matters, in 2003 the government issued Presidential Decree of the Republic of Indonesia No. 34 of 2003 to limit the authority of Regency/City Governments to 9 (nine) types of land services. The centralistic principle is based on article 2, paragraph (1) of Law No. 5 of 1960, which states that earth, water and airspace including the natural resources contained in it are in the highest instance controlled by the State being and Authoritative Organization of the whole People. While regional autonomy principle is based on Article 2 paragraph (4) of Law No. 5 of 1960 states that the implementation of the right to control by the state may be delegated to autonomous regions and communities of customary law.

This research method using normative law by examining secondary data taken from the literature, legal materials or written data in the form of book of regulations, library materials such as books, magazines, and journals coupled with the primary data from interviews with some City Mayors in Indonesia on the implementation of regional autonomy in land sector. Data were analyzed using the political law approach, started from the implementation of the land law by the central government and by the autonomous regions, described, and vertically systematized using the law reasoning in derogation from the basic principle of the law science is rejecting a rule, because of conflict with higher rules.

The results showed that the authority of the land services currently divided into two parts, namely land services that are carried out by the central government through the vertical agencies in this case the Ministry of Agrarian and Spatial Affairs / National Land Agency, on the basis that in the Law stated that the land matters is the authority of the central government. On the other hand, Regency / City Government implement land service affairs authority according to the Law of Autonomy on the basis that in the Act Number 5 of 1960 also declared land matters can be delegated to local authorities.

Keywords: land service dualism, regional autonomy, current issues