Sumber Hukum Pertanahan Indonesia || Kelas Zona Hukum "Kupas Tuntas Aspek Hukum Agraria (Obrolan#36)

Summary

This transcript outlines a discussion on Indonesian agrarian law, focusing on its historical context and modern applications. It highlights key regulations, such as the 1960 Basic Agrarian Law (UUPA) and its impact on land ownership and management. The speaker explains the legal dualism during the Dutch colonial era and the struggle for reform after Indonesia's independence. The conversation also touches upon the role of the state in land control, the importance of legal certainty in land rights, and the ongoing discussions regarding land law reform in Indonesia.

Takeaways

• 😀 The session is moderated by Gesti Nadila and focuses on the theme of thoroughly understanding agrarian law in Indonesia.
• 😀 Rahmat Ramadhani, SH MH, is the resource person; he is an advocate and law lecturer at UMSU with expertise in agrarian law.
• 😀 The constitutional basis of Indonesian land law is Article 33(3) of the 1945 Constitution, stating that land, water, and natural resources are controlled by the state for public welfare.
• 😀 The primary legal framework is the Basic Agrarian Law (UUPA) Number 5 of 1960, which regulates land rights and management.
• 😀 Implementing regulations include Government Regulations (PP), Presidential Decrees, Ministerial Regulations, and technical instructions to ensure law enforcement.
• 😀 During Dutch colonial rule, legal dualism existed: Western law (BW) applied to Europeans and foreign groups, while customary law governed native Indonesians.
• 😀 The *domein verklaring* principle under Dutch rule treated native lands as state property, requiring natives to pay tribute for land use.
• 😀 After independence, Indonesia abolished dualism in land law and drafted UUPA over a 12-year period (1948–1960) to unify agrarian law.
• 😀 UUPA focuses on land but also lays the foundation for broader management of agrarian resources (BARKA – Earth, Water, Space, and Natural Resources).
• 😀 Dutch colonial-era regulations, such as Agrarische Wet, *domein verklaring*, and parts of the Civil Code, were repealed or invalidated under UUPA.
• 😀 The purpose of UUPA is to provide legal certainty, simplify land administration, and establish a foundation for a comprehensive national agrarian law.
• 😀 Despite discussions over the past decade, a Draft Land Law to fully regulate all agrarian resources has not yet been implemented.

Q & A

What is the main theme of the agenda discussed in the script?

The main theme of the agenda is 'Completely Peeling Off the Aspects of Agrarian Law.'

What are the main rules for participants in this event?

Participants are required to turn on their cameras and mute their microphones when the resource person is speaking. During the question-and-answer session, participants can use the raise-hand feature or write questions in the chat pool.

What is the professional background of Rahmat Ramadhani?

Rahmat Ramadhani is an advocate and a permanent lecturer at the Faculty of Law, University of Muhammadiyah North Sumatra (UMSU). He holds an S1 degree from UMSU and a Master's in Law (S2) from Bengkulu University.

Which books has Rahmat Ramadhani written?

Rahmat Ramadhani has written books such as 'Small Notes About Indonesian Law' and 'Crimes Against Land,' among others.

What is the constitutional basis for land law in Indonesia?

The constitutional basis for land law in Indonesia is found in Article 33, paragraph (3) of the Indonesian Constitution, which mandates that the earth, water, and the wealth contained within them are controlled by the state and should be used for the greatest prosperity of the people.

What is the Basic Agrarian Law (UUPA) and when was it enacted?

The Basic Agrarian Law (UUPA) is Law No. 5 of 1960, enacted on September 24, 1960. It serves as the foundational law for agrarian issues in Indonesia, particularly land law.

What is the significance of the Domein Verklaring principle?

The Domein Verklaring principle was a Dutch colonial-era policy which treated land controlled by indigenous peoples as land owned by the state. It made native landowners effectively renters who paid tribute to the Dutch government for the land they controlled.

What was the purpose of abolishing the Domein Verklaring principle after Indonesian independence?

The purpose of abolishing the Domein Verklaring principle after Indonesian independence was to eliminate the colonial legal dualism in land ownership and provide a unified and fair agrarian legal system for the Indonesian people.

Why is there a need for a draft Land Law in Indonesia?

There is a need for a draft Land Law in Indonesia because the current agrarian legal framework, based on the UUPA, is seen as insufficient in addressing the comprehensive management of agrarian resources, which should include not only land but also other natural resources like forestry, marine, and fisheries.

What is the main goal of the Basic Agrarian Law (UUPA)?

The main goal of the Basic Agrarian Law (UUPA) is to lay the foundations for national agrarian law, ensuring legal certainty over land rights for the people and managing Indonesia's agrarian resources in a comprehensive manner.