Land Management Rights Before and After the Enactment of Job Creation Law

Abstract

The Job Creation Law (Law Number 11 of 2020) and its amendment through Government Regulation in Lieu of Law Number 2 of 2022, initiated under President Joko Widodo's investment policy, uniquely categorize Land Use Rights (HPL) as a specific "right," diverging from its traditional absence as a "right" in the foundational Agrarian Law (UUPA). This distinction raises concerns regarding the State's Authority to Control (HMN) and the transfer of HPL to selected entities, highlighting the necessity for regulatory and operational involvement in land management's planning, execution, and oversight. Clarity on the constitutional mandate of the state's control over HPL is crucial. According to Article 33 of the 1945 Constitution and reinforced by the Constitutional Court Decision Number 001-21-22-PUUI 2003 on HMN, the government is tasked with both regulatory and operational roles, ensuring active participation in land management. Without such clarity, the approach towards HPL risks aligning more with a 'night watchman state' concept, straying from the intended 'welfare state' principle aimed at leveraging resources for community welfare. Properly integrating HPL within HMN is essential for guiding law enforcers and stakeholders, ensuring effective and constitutionally aligned land acquisition processes.