Prophetic Law-based Land Bank Policy Reformulation in Indonesia

Abstract

In regulating the land bank policy, Indonesia refers to Law Number 11 of 2020 concerning Job Creation and Presidential Regulation Number 64 of 2021 concerning Land Bank Agency. These two laws regulate all general technical requirements required by investors. This study aims to: 1) Describe the land bank legal policy after the legalization of Law Number 11 of 2020 concerning Job Creation; 2). Formulate a land bank policy based on prophetic values which integrate the positive law and religious values. This is normative legal research which used secondary data and library materials as the main data sources. It used the philosophical juridical approach: the juridical approach was in the form of legislation (statute approach) and the philosophical approach was in the form of the prophetic ethical paradigm through ash-Asyatibi’s Maqasid al-Syari’ah (the purpose behind Islamic laws). The data analysis was divided into two. The first was the descriptive-qualitative analysis by describing land bank policies after the enactment of Law Number 11 of 2020 concerning Job Creation. While in the second problem formulation, because the main objective was to find the concept of land bank policy based on prophetic ethics, the authors conducted critical and predictive analyses. Land bank policies have various advantages and disadvantages. With these weaknesses and strengths, a new land bank policy was formulated, which was predicted to be able to guarantee equitable land distribution and wise management of land tenure.

Abandoned Land Utilization for Food Security: A Welfare-Based Policy Approach in Indonesia

“…11 of 2010 shows that Indonesia is one of the countries that have a high concern in eradicating poverty through land use mechanisms. This is in accordance with the results of the 2006 International Conference on Agrarian Reform and Rural Development (ICARRD) in Porto Alegre Brazil in March 2006 [16].…”