Land Rights in the Land Law System in Indonesia According to the Basic Agrarian Law Number 5 of 1960

Abstract

Law No. 5 of 1960. This law explains that land law in Indonesia is Unofficial. This means that all issues, status, and legal basis of land in Indonesia must refer to UUPA No. 5 of 1960. Actually, this UUPA is a land nationalization project in Indonesia. So that land is properly owned and enjoyed by Indonesian citizens so that foreign nationals do not have the right to land in Indonesia except Hak Pakai. This control is not meant to be Hak Milik, but the state controls land in the sense that the State is given the right to manage land in Indonesia for the prosperity of the Indonesian people themselves. There is recognition of customary law rights, especially in the land sector which is famous for the existence of Customary Rights. The UUPA itself provides recognition of Customary Land Rights. The concept of customary rights is in line with Article 6 of the UUPA that land must have a social function. This means that the function of land is not only for personal interests, but more importantly for the benefit of the wider community or for the common good. Individual rights to land also receive recognition from the UUPA such as Hak Milik (HM), Hak Guna Usaha (HGU), Hak Guna Bangunan (HGB), Hak Pakai (HP), Waqf and Land Security Rights. So it is clear that the Indonesian land law system is indeed based on the noble values of the Indonesian nation itself such as togetherness, justice, prosperity and kinship in land control and utilization while adhering to the principle that land must have a social function.

The Problem of Ownership of Land Rights is Reviewed Based on the Law and Government Regulations

“…This effort can streamline the land acquisition process, enhance the security of land rights, and mitigate land ownership issues (Dhiaulhaq & McCarthy, 2020). Suartining et al (2023) conducted an analysis of the recognition and use of Proof of Land Ownership in society, examining factors influencing its practice. They also analyzed the role of local institutions in recognizing and enforcing land rights based on this document.…”

Memory Culture of the Anti-Leftist Violence in Indonesia

“…7 Along with other leftist organizations with similar vision, such as the Indonesian Peasants' Front (Barisan Tani Indonesia/BTI), Indonesian Women's Movement (Gerakan Wanita Indonesia/Gerwani), or the cultural organization Institute of People's Culture (Lembaga Kebudayaan Rakyat/ Lekra), PKI built a massive people-centred movement at the grassroot level. In the early 1960s, PKI along with those organizations became the main motor in the campaign for agrarian transformation, which became more aggressive when the government released the Basic Agrarian Law in 1960. Seeing the law as the legal basis to eradicate rural inequality through its land reform policy, the party pushed for a prompt implementation of the law. This movement did not go unchallenged.…”

Legal Research Concerning the Legal Status of Surat-Ijo Land Owned by the City Government of Surabaya

“…(Aristo et al, 2022) So, in the IPT system, there is a possibility that social justice aspects are not considered for the occupants of the Surat-Ijo land. In fact, according to residents, the IPT policy is not in accordance with existing regulations (UUPA) (Suartining & Djaja, 2023); and also not in accordance with the motto of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of the Republic of Indonesia: "Land for People's Welfare". The city of Surabaya still cannot get out of the Surat-Ijo problem.…”