Legal Politics of Regulating the Limits of Land Tenure of Plantation Cultivation Rights by Private Legal Entities with Justice
Dinalara Dermawati Butarbutar1*
Brawijaya University, Indonesia
Rachmad Saafa’at2
Brawijaya University, Indonesia
Iwan Permadi3
Brawijaya University, Indonesia
Mohammad Hamidi Masyukur4
Brawijaya University, Indonesia
*Correspondence Author: dinalara.dw@gmail.com
Abstract
The control of natural resources, including land, by the state must be managed for the prosperity of the people, as mandated by Article 33 paragraph (3) of the 1945 Constitution. Although the Basic Agrarian Law (UUPA) has established fundamental agrarian principles, its implementation in derivative regulations still shows ambiguity, particularly regarding the maximum land ownership limits by private legal entities through the Right to Cultivate (Hak Guna Usaha – HGU). This ambiguity opens opportunities for land monopolies by large corporations, potentially hindering a more equitable distribution of land. This study aims to analyze the regulatory weaknesses related to the maximum ownership of HGU and provide recommendations for stricter regulations to achieve social justice. The research employs a normative legal method with statutory, historical, and case approaches to examine the unclear norms surrounding HGU land ownership by private legal entities, which results in injustice for surrounding communities. The study highlights the importance of setting maximum land ownership limits for HGU by private legal entities to prevent land monopolies and ensure equitable distribution in accordance with Article 33 paragraph (3) of the 1945 Constitution. However, current regulations do not explicitly stipulate these maximum limits, as reflected in Government Regulation No. 18 of 2021 and Ministry of Agrarian Affairs/Head of National Land Agency Regulation No. 17 of 2019, which focus more on location permits. Therefore, clearer and stricter regulations are needed to ensure a balance between economic efficiency and social justice in HGU land ownership.
Keywords: Economic, Government, Land Ownership, Legal Entities, Plantation Cultivation