The Existence of Land Bank Institution in Supporting Land Procurement for National Development in Perspective of Indonesian Agrarian Law

Abstract

Land is a basic human need for a place to live and earn a living for human life. Population growth is getting higher day by day while land for housing is static so that land is increasing in price, this is a problem that must be solved. The state in carrying out national development also needs land for physical development such as infrastructure facilities, roads, bridges, hospitals, dams and others.

In the realization of land acquisition for national development, land conflicts often occur between the Government and Land Owners and even go to court. The government in various ways is looking for a way out for land acquisition for development to minimize agrarian conflicts and prepare land that is ready for use if needed for the public interest by establishing a Land Bank.

Land Acquisition for development for the public interest is regulated in Law No. 2 of 2012 with the technical regulation namely Government Regulation No. 71 of 2012. Several provisions in Law No. 2 of 2012 have been amended in Law No. 11 of 2020 concerning Job Creation as an Omnibus Law, which means the regulation made based on the compilation results or the result of combining several rules with different substances and levels and the technical regulation, whereas the Land Acquisition regulated in Article 136 until 148 of the Law and the technical regulation is The Government Regulation No. 19 of 2021.

The promulgation of Law Number 11 of 2020 which regulates the Land Bank is in the Article No 125 until 135 and followed orderly technical regulations, namely The Government Regulation No. 64 of 2021, is expected to be a solution for the Government to prepare land for development so that national development is not disturbed and minimizes land conflicts among the people, especially the people holding ownership rights to land. The implementation of the establishment of the Land Bank must be continuously monitored by all components of the community so that its implementation does not violate the laws and regulations and still refers to Article 33 paragraph (3) of the 1945 Constitution.

Keywords : land acquisition, land bank, public interest.

DOI: 10.7176/JLPG/112-18

Publication date:August 31^st 2021