Gagasan Pengaturan Bank Tanah untuk Mewujudkan Pengelolaan Aset Tanah Negara yang Berkeadilan

Zahra, Fatimah Az

doi:10.21776/ub.jiap.2017.003.02.2

Cited by 9 publications

(8 citation statements)

References 4 publications

(4 reference statements)

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“…[6] There are also studies which suggest that a land bank will bring a number of benefits and answer real crucial issues such as providing government land stocks for various development needs in the future, saving funds from the State Budget/Regional Expenditure Budget, and reducing conflicts in the land acquisition process. [7] This study is also supported by opinions which explain that the land bank is an agency capable of answering questions related to land acquisition for development in Indonesia. [8] These three studies can be grouped as opinions that are pro towards the existence of a land bank.…”

Section: Causes Pros and Cons Of Establishing A Land Banksupporting

confidence: 57%

The Role of Land Banks in Land Redistribution for Agrarian Reform

Pandamdari

2023

Advances in Social Science, Education and Humanities Research

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Land Bank is a special agency established by the government to manage land. In this case, the land bank guarantees the availability of land in the framework of a fair economy. Land banks are authorized to provide land for public interests, social interests, national development interests, economic equity, land consolidation and agrarian reform. This paper aims to describe the pros and cons of establishing a land bank and describe the role of land bank in land redistribution for agrarian reform. The method used is a normative juridical approach with emphasis on secondary data which is analyzed qualitatively. The result of the study shows the pros and cons of establishing a land bank, partly because the goal of the land bank is to provide land for the economy and investment, while the goal of agrarian reform is to reorganize the structure of tenure, ownership, utilization, and more equitable use of land through asset management and accompanied by arrangement of access to the prosperity of Indonesian people. The role of land bank in land redistribution for agrarian reform is to provide land availability for agrarian reform of at least 30% of the state land allocated to the land bank.

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Section: Causes Pros and Cons Of Establishing A Land Banksupporting

confidence: 57%

The Role of Land Banks in Land Redistribution for Agrarian Reform

Pandamdari

2023

Advances in Social Science, Education and Humanities Research

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“…When viewed in terms of comprehension, it is supposed that "land 2nd ICPSH 2022 banks are governments or non-profit entities that assemble, temporarily manage, and dispose of vacant land". [6] Various authors and experts have revealed Land Bank terminology. Among them, Jack Damen explained that "land banking is the structural acquisition and temporary management of land in rural areas by an impartial State agency, with the purpose to redistribute and/or lease out this land with a view to improve the agricultural structure and /or to relocate the land for other purposes with a general public interest".…”

Section: The Urgency For the Establishment Of A Land Bankmentioning

confidence: 99%

Quo Vadis: Establishment of a Land Bank after the Decision of the Constitutional Court of the Republic of Indonesia Number 91/PUU-XVIII/2020

Ardhanariswari

Nursetiawan

2023

KSS

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This study aims to examine and analyze the formation of a land bank after the Decision of the Constitutional Court of the Republic of Indonesia, Number 91/PUU-XVIII/2020, which was declared conditionally unconstitutional. The research method used is normative juridical research, which involves examining and inventorying various secondary data, namely library research. Based on the results of the research and discussion, it can be concluded that, first, the existence of a land bank, which is included in the cluster of Law Number 11 of 2020 concerning Job Creation, makes it relatively difficult to carry out its duties and authorities because, as the Constitutional Court stated in Decision Number 91/PUU-XVIII/2020, it was declared conditionally unconstitutional, so the government was prohibited from enacting implementing regulations or derivative regulations from a quo. Second, the government should comply with the decision of the Constitutional Court of the Republic of Indonesia as a check and balance; therefore, the DPR and the President must first improve the Job Creation Law so that land banks can carry out their functions and authorities. Keywords: constitutional court, land, land bank

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“…The function of land banks that are widely practised in various countries is as a reserve and distribution of lands, such as in South Africa, namely the land bank as a land reserve for cheap public housing and the development of modern agricultural enterprises (Zahra, 2017).…”

Section: The Concept Of Regulating the Land Bank Agency In Land Acqui...mentioning

confidence: 99%

Land Bank as Land Provision Agency in Land Procurement for Public Interest

Krishnasanti

Prasasti²

2023

Jurnal Hukum Prasada

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The idea of creating regulations about Land Bank is getting stronger by seeing many problems regarding the land supply for development for the public interest. The enactment of Law Number 11 of 2020 concerning Job Creation is the basis for the establishment of the Land Bank Agency. The mandate of Article 33 paragraph (3) of the 1945 Constitution and Article 2 of Law Number 5 of 1960 concerning Basic Agrarian Principles says that the State has the authority to control, regulate, and organize the allotment of land, water, and natural resources contained therein for the people greatest prosperity. However, the availability of land amount is not proportional to the massive development by people and the government conduce in land price fluctuations. Moreover, the absence of a land operator role hinders infrastructure development for the public interest. The purpose of this study is to reveal the legitimacy of the Land Bank Agency in land procurement for development in the public interest after the enactment of Omnibus Law and to describe land acquisition by the Land Bank Agency. The doctrinal research method is used in this study. Approach methods that are used in this study are the statute and conceptual approaches. It was found that the legitimacy of the Land Bank Agency is a form of the authority of the State Right to Control over Land which carries out functions as a land manager and guarantees the availability of land in for the public interest so that the Land Bank Agency can act as an agency that requires land in land acquisition for development for the public interest. The acquisition of land by Land Bank Agency is carried out through government determinations and through a waiver of rights.

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Gagasan Pengaturan Bank Tanah untuk Mewujudkan Pengelolaan Aset Tanah Negara yang Berkeadilan

Cited by 9 publications

References 4 publications

The Role of Land Banks in Land Redistribution for Agrarian Reform

The Role of Land Banks in Land Redistribution for Agrarian Reform

Quo Vadis: Establishment of a Land Bank after the Decision of the Constitutional Court of the Republic of Indonesia Number 91/PUU-XVIII/2020

Land Bank as Land Provision Agency in Land Procurement for Public Interest

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