Government Discretion of License Regulation in The Conversion Agricultural Land to Non Agriculture in Regional Autonomy

Abstract

Regional autonomy prefers development in the sector promising a short-term higher advantage (profit) to increase regional genuine income (PAD), but poorly takes account of public interest as a whole. This can be seen among other things from the planning of zonal spatial order (RTRW) which tends to impels agricultural-soil conversion to non-agricultural utilization, and low political will from regional government to consistently make and implement regional regulation related to agricultural-soil conversion. The obligation of land maintenance (cultivation), and to increase the fertility of the land and to protect it have been stated in article 15 of the Act No 5 of 1960 on main rule of agrarian principles complemented with criminal sanction as stated in article 52 point 1 0f UUPA, and in the Act No 41 of 2009 on PLPB. But still, law enforcement of these regulations has not been implemented as properly set. The RTRW still does not have legal sanction, and also against violation of formation rule of the RTRW supposed to have considered various aspects, among other things prevention of productive agricultural-soil conversion, especially irrigated rice field.

Keywords: Discretion, Regulation, Agricultural, regional autonomy

DOI: 10.7176/JLPG/114-03

Publication date:October 31^st 2021