No abstract

The question of the purpose of statehood hovers again to collect the pledges of the development actors. The goal to become a nation-state that provides a place and humane and proper way of life is still harassing residents of coastal areas and small islands as part of the natural resources bestowed by The One Almighty God to the Indonesian people. Coastal areas and outer small islands are national assets controlled by the state and need to be preserved and utilized as much as possible for the prosperity of the people, both for present and future generations and for the interests of defense and security. related to the threat of remote island tenure which by certain elements were transferred to the land tenure rights that should belong to the village customary land, but there was a process of transferring rights which were then held by foreigners with the argument related to economic issues that were less supportive in the area by nominee or by road rent that threatens the stability of national defense.

Legal issues arose related to the existence of the article that was quite controversial among law enforcers. It refers to the Employment Copyright Law: Omnibus Law, which was adopted within Management Rights over HGB and HP land granted for a period of 90 years. This policy reduces the authority of the Land Bank. However, this law raises the pros and cons of the issue of supremacist violations against foreign investment business entities that violate the Constitutional Court’s decision. Then, the HGU or Right to Use HPL land can be given an extension as well as the authority to cancel regional regulations which indirectly violated the constitutional obligations of the State and the Government over agrarian resources in the country by presidential regulations. Besides, there is also a violation of motives in the monopoly speculation of the land bank. To accommodate, manage and carry out transactions for buying and selling state lands, the Land Bank (BT) institution was formed. BT manages the lands claimed by the state as a result of the implementation of the domain agreement, which are designated as assets of the Land Bank in the form of HPL. However, the source of funding can come from third parties, including debts from foreign institutions that causes conflicts of interest violating the elements of the provisions of granting management rights.

Indonesia has entered the age of 77 years. In a long period of time, it seems we should be concerned that the implementation of Agrarian Reform as an effort to reorganize the ownership, control, use, and utilization of land for justice, prosperity, and people's welfare which is a national priority has not been fully successful. The Agrarian Reform Movement must be admitted that it is not a solution to the existing conflict. However, the aim of the agrarian reform is expected to be a systematic effort that is more preventive in nature to avoid the occurrence of agrarian inequality and conflict in the country in the future. So the author concludes that the main goal of “Agrarian Reform Responding to the Challenges of the Times is the creation of social justice which is marked by the existence of agrarian justice, increased productivity, and increased people's welfare.

Tanah memiliki arti penting dalam kehidupan manusia berbangsa dan bernegara, dikarenakan tanah memiliki fungsi ganda, yaitu sebagai social asset dan capital asset. Sebagai social asset tanah merupakan sarana pengikat kesatuan sosial di kalangan masyarakat Indonesia untuk hidup dan kehidupan, sedangkan capital asset, tanah merupakan faktor modal bagi kepentingan pembangunan. Di satu sisi tanah harus digunakan dan dimanfaatkan untuk sebesar-besarnya bagi kesejahteraan rakyat baik secara lahir, batin adil dan merata. Sedangkan disisi lainnya, tanah harus dijaga kelestariannya. Tanah merupakan karunia Tuhan Yang Maha Esa sekaligus sebagai sumber daya alam yang strategis bagi bangsa, negara dan rakyat, dan Bank Tanah dapat dijadikan sebagai sarana untuk mencapai kesejahteraan hidup bangsa Indonesia, sehingga perlu campur negara untuk mengaturnya. Abstract The land has an important meaning in the life of the nation and state because the land has a dual function, namely as a social asset and a capital asset. As a social asset, the land is a means of binding social unity among Indonesian people to live and live, while as a capital asset, the land is a capital factor for development interests. On the one hand, the land must be used and utilized to the fullest extent possible for the welfare of the people both physically and spiritually fairly and equitably, while on the other hand, its sustainability must be maintained. The land is a gift from God Almighty as well as a strategic natural resource for the nation, state, and people, and the Land Bank can be used as a means to achieve the welfare of the Indonesian nation so that the state must intervene to regulate it. Keywords: Land bank, State control over land, Normative studies, Land law