Constitutionality of Simultaneous Extension and Renewal of Land Rights

Abstract

One form of state control is to regulate the granting of land rights, including determining the subject of the right and the duration of a land right. The determination of the period of land rights must pay attention to equality of opportunity and access in acquiring and controlling land so as to create the greatest prosperity of the people as the goal of national agrarian law. This is normative research that focuses on examining the harmony between regulations, using a statute approach and a conceptual approach. Therefore, primary legal materials and secondary legal materials obtained based on literature research are used. The data obtained was then analyzed based on content analysis. In this research, it was found that there are overlapping regulations between the Basic Agrarian Law, Governmental Regulation No. 40 of 1996, Agrarian Minister Regulation No. 18 of 2021, and Government Regulation No. 12 of 2023 regarding the extension and renewal of land rights at the same time. This regulatory overlap is shown through the agrarian policies present in the capital city of the archipelago that are highly investment-oriented, override the objectives of the national agrarian law, and show a comparison with the policies in Thailand. In addition, in reality, the simultaneous extension and renewal of land rights causes several things, namely: (1) legal uncertainty due to overlapping regulations; (2) inequality and injustice for the community due to liberal-capitalist and investment-oriented policies; and (3) unconstitutionality because it basically violates the Constitutional Court’s decision.