Land Law Literacy: Existence of Land Bank Agency and Implementation of Land Banking Concept in Indonesia

  • Etika Rahmawati Sekolah Tinggi Ilmu Syariah Syarif Abdurrahman, Pontianak Indonesia Program Doktor Ilmu Hukum Universitas Diponegoro, Semarang Indonesia

Abstract

Land bank agencies in Indonesia are a means to control development in accordance with spatial plans and overall development planning objectives. Based on this objective, the government makes specific arrangements regarding the Land Bank Agency as contained in the provisions of Article 135 of Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 64 of 2021 concerning Land Banks. In addition, there is a Presidential Regulation related to the structure and implementation that regulates the authority of the management of the Land Bank, namely Presidential Regulation Number 113 of 2021. However, the Presidential Regulation was ratified after the Constitutional Court Decision Number: 91/PUU XVIII/2021, in the seventh point there is a prohibition issue new implementing regulations related to the Employment Creation Law which are strategic in nature and have a broad impact. So, the decision of the Constitutional Court issued was ignored and in fact until now the existence of the Land Bank Agency still exists and all related regulations are still in effect. However, along with the emergence of various laws and regulations in the land sector mentioned above, it is necessary to pay attention to the process of education and legal literacy in the field of land law, especially regarding the Land Bank Agency and the concept of land banking. Considering the people in the regions who only know but do not understand the important meaning of the issued land regulations. In this study, the type of research used is normative legal research by examining existing literature, both primary and secondary law, using a statutory and conceptual approach. The purpose of this study is to determine the institutional form of the Land Bank Agency and the concept of land banking in accordance with the laws and regulations and analyze the extent to which land law literacy, especially regarding the Land Bank Agency and the concept of land banking is given to the public.

Published
2022-12-31
How to Cite
RAHMAWATI, Etika. Land Law Literacy: Existence of Land Bank Agency and Implementation of Land Banking Concept in Indonesia. International Conference on Law, Technology, Spirituality and Society (ICOLESS), [S.l.], v. 2, p. 93-108, dec. 2022. ISSN 2828-111X. Available at: <http://conferences.uin-malang.ac.id/index.php/ICOLESS/article/view/2123>. Date accessed: 05 mar. 2024.