JOSR: Journal of Social Research

Desember 2022, 2 (1), 44-50

p-ISSN: 2827-9832 e-ISSN: 2828-335x

Available online at http:// https://ijsr.internationaljournallabs.com/index.php/ijsr

http://ijsr.internationaljournallabs.com/index.php/ijsr

LAND BANK AGENCY IN THE IMPLEMENTATION OF LAND

ACQUISITION FOR THE PUBLIC INTEREST IN INDONESIA

Irman Syahriar, Benhard Kurniawan Pasaribu, Dina Paramitha Hefni Putri,

Khairunnisah

Lecturer at the Faculty of Law, University of 17 August 1945 Samarinda

irman.syariar@gmail.com, benhardkpasaribu.untagsmda@gmail.com,

radinaparamitha@gmail.com,

nisa289@gmail.com

Abstract (Indonesia)

Received:

Revised :

Accepted:

November 28,

2022

November 30,

2022

Desember 03,

2022

Latar Belakang: Pembebasan lahan adalah cara untuk

memperoleh tanah untuk pembangunan bagi kepentingan

umum. Pasal 18 Undang-Undang Dasar Agraria angka 5

tahun 1960 menyatakan bahwa: "untuk kepentingan umum,

termasuk juga untuk kepentingan bangsa dan negara serta

kepentingan bersama rakyat, hak atas tanah dapat dicabut,

dengan memberikan ganti rugi yang layak dan sesuai dengan

cara yang diatur oleh Undang-Undang, Kemudian dilihat

dari asas hak atas tanah yang telah tertuang dalam Pasal 6

yaitu tanah memiliki fungsi sosial.

Tujuan: Pemerintah menginisiasi konsep Land Banking

yang bertujuan untuk mencatat, mengumpulkan, dan

mendistribusikan tanah yang sesuai dengan keadaan dan

sifatnya dapat dimasukkan dalam Land Bank.

Metode: Metode penelitian menggunakan metode penelitian

hukum normatif. Pembentukan Bank Tanah tidak terlepas

dari upaya pemerintah yang berupaya menyediakan lahan

untuk pembangunan dan kepentingan umum agar tanah

tersebut tidak dikuasai oleh mafia tanah yang menimpa

rakyat.

Hasil: Perangkat hukum yang mendukung yang dapat berupa

undang- undang yang secara khusus mengatur mengenai

bank tanah, maka penyelenggaraan bank tanah di Indonesia

akan berjalan sesuai fungsinya dengan tepat dan efektif

dengan tujuan memperoleh hasil yang besar. Kondisi ini

akan meningkatkan kesejahteraan tiap individu dan

masyarakat umunya dan sesuai amanat dari konstitusi yang

bertujuan mewujudkan sebesar-besarnya kemakmuran

rakyat Indonesia.

Kesimpulan: Pengelolaan secara penuh terhadap aset tanah

yang telah dikuasai yang ditujukan untuk mewujudkan

ekonomi berkeadilan merupakan kewenangan dari bank

Irman Syahriar, Benhard Kurniawan Pasaribu, Dina Paramitha Hefni Putri, Khairunnisah /

JOSR: Journal of Social Research, 2(1), 44-50

Land Bank Agency in The Implementation of Land Acquisition for the Public

Interest in Indonesia 45

tanah. Tanah aset pemerintah berbeda dengan tanah negara,

tanah aset pemerintah adalah merupakan tanah-tanah yang

dikuasai oleh instansi Pemerintah baik pemerintah pusat

maupun pemerintah daerah. Saat ini terdapat lahan seluas

25.000 ha lahan yang telah ditetapkan menjadi modal awal

Bank Tanah telah disiapkan oleh Kementerian Agraria dan

Tata Ruang/Badan Pertanahan Nasional (ATR/BPN).

Kata Kunci: bank tanah, pengadaan tanah, kepentingan

umum.

Abstract (English)

Background: Land acquisition is a way to acquire land for

development for the public good. Article 18 of the Agrarian

Constitution number 5 of 1960 states that: "for the public

interest, including also for the benefit of the nation and the

state as well as the common interests of the people, the right

to land can be revoked, by providing appropriate

compensation and by the manner regulated by the Law, then

judging from the principle of land rights that has been stated

in Article 6, namely land has a social function.

Objective: The government initiated the concept of Land

Banking which aims to record, collect, and distribute land

that is appropriate to its circumstances and nature and can

be included in the Land Bank.

Methods: Research methods use normative legal research

methods. The establishment of the Land Bank is inseparable

from the efforts of the government which seeks to provide

land for development and the public interest so that the land

is not controlled by the land mafia that afflicts the people.

Result: A supporting legal tool that can be in the form of a

law that specifically regulates land banks, then the

implementation of land banks in Indonesia will run

according to their functions appropriately and effectively to

obtain large results. This condition will improve the welfare

of each individual and society in general and by the mandate

of the constitution which aims to realize the greatest

prosperity of the Indonesian people.

Conclusion: Full management of land assets that have been

controlled and aimed at realizing an equitable economy is

the authority of the land bank. Government asset land is

different from state land, government asset land is land

controlled by Government agencies, both central and local

governments. Currently, there is an area of 25,000 ha of land

that has been determined to be the initial capital of the Land

Bank and has been prepared by the Ministry of Agrarian and

Spatial Planning / National Land Agency (ATR / BPN).

Irman Syahriar, Benhard Kurniawan Pasaribu, Dina Paramitha Hefni Putri, Khairunnisah /

JOSR: Journal of Social Research, 2(1), 44-50

Land Bank Agency in The Implementation of Land Acquisition for the Public

Interest in Indonesia 46

Keywords: land bank, land acquisition, public interest.

*Correspondent Author: Irman Syahriar

Email: irman.syariar@gmail.com

INTRODUCTION

Along with the times, human needs for land are increasing but not accompanied by

adequate soil availability. The existence of the UUPA, which only contains the main points

of land administration, is considered necessary to be followed by the formation of

regulations in other land fields to complement and perfect the UUPA considering the

community's need for legal certainty and justice to overcome and solve various problems

in the land sector is getting higher. One of the land problems in Indonesia is related to the

provision of land, especially for development for the public interest. Often the

implementation of national development programs is constrained by land acquisition or

acquisition.

Land acquisition is a way to acquire land for development for the public

interest. Article 18 of the Basic Agrarian Law number 5 of 1960 states that: "for the public

interest, including also for the benefit of the nation and the state and the common interests

of the people, the right to land can be revoked, by providing appropriate compensation and

by the manner regulated by the Law, then judging from the principle of rights over land

that has been stated in article 6, namely land has a social function. To avoid difficulties in

acquiring land for the public interest, the government initiated the concept of Land Banking

which aims to record, collect, and distribute lands that according to their circumstances and

nature can be included in the Land Bank. The regulation of Land Banks is juridically

initiated in Law Number 11 of 2020 concerning Job Creation which is regulated in Chapter

VIII on Land Acquisition, Part Four on Land, Paragraph 1 (One) on Land Banks, Articles

125-135.

From the description above, this research will refer to the regulation of the

existence of the Land Bank on the development of land law, especially in the context of

implementing land acquisition for the public interest in Indonesia.

RESEARCH METHODS

The method used in this research is a normative legal research method or doctrinal

legal research, namely legal research that puts the law as a building norm system (Soekanto

& Mamudji, 2014). The norm system in question is about the principles, norms, rules of

laws and regulations, court decisions, treaties, and doctrines (teachings) (Fajar & Achmad,

2010). This study was carried out with a conceptual approach and a statute approach by

examining all interrelated laws and regulations as well as legal principles and doctrines or

views of experts in legal science. Data collection in this study through literature studies

using secondary data with primary, secondary, and tertiary legal materials (Marzuki, 2019).

Irman Syahriar, Benhard Kurniawan Pasaribu, Dina Paramitha Hefni Putri, Khairunnisah /

JOSR: Journal of Social Research, 2(1), 44-50

Land Bank Agency in The Implementation of Land Acquisition for the Public

Interest in Indonesia 47

RESULTS AND DISCUSSION

The availability of land for the administration of government can be considered

a necessity. The need for land over time is increasing in connection with the intensification

of development activities. Development activities, especially construction in the physical

field, both in cities and villages, of course, require land as a shelter for these activities.

Development is a human effort in processing and utilizing resources used to meet needs

and improve the welfare of life. Including development activities for the public, social,

economic, and so on, which must continue to be pursued in line with the increasing

population. The population that is increasing with a better level of prosperity, of course,

requires various public facilities such as roads, bridges, transportation, educational

facilities, worship, sports facilities, health facilities, social facilities, and so on.

Development certainly requires land as the main means. On the other hand, residents also

need land as a place of settlement and a place of livelihood (Abdurrahman, 1991).

The complexity of the land issue that occurs repeatedly and prolongedly

certainly harms the rights of landowners. The government is trying to find solutions and

solutions to the land problem, one of which is through the establishment and procurement

of a Land Bank. In addition to overcoming protracted land conflicts, the establishment of

a Land Bank was also motivated by the mandate of the 1945 Constitution, especially Article

33 and Article 2 of the UUPA that land must be used optimally for the greatest prosperity

of the people. The state must regulate ownership and lead the use of land by its designation.

However, it is often encountered that lands are abandoned and the designation is not clear

and gives rise to land brokers who make land the object of speculation and profit from any

government development projects that make national development difficult to carry out.

So far, the government has acquired land through the land acquisition

mechanism regulated in Law Number 2 of 2012 concerning Land Acquisition for

Development for the Public Interest and its implementing regulations. This law is expected

to guarantee the fulfillment of rights for the parties in the land acquisition process, namely

the government and the community. Land acquisition is an activity of providing land to

agencies in need, by providing appropriate and fair compensation to parties whose land is

the object of land acquisition. The real manifestation of Article 33 Paragraph (3) of the

1945 Constitution is Law Number 5 of 1960 concerning the Basic Regulations of Agrarian

Principles (UUPA). 25 In Article 2 Paragraph (1) of the UUPA it is stated that: "Earth,

water, and space including the natural wealth in them are at the highest level controlled by

the state as the organization of the power of the whole people", which article is the

forerunner of the birth of the Right to Control the State. The Right to State Control does

not give the state the authority to physically control the land and use it like any other land

right in general because it is solely a public authority. The definition of "controlled" in the

context of the Right to Control the State has limitations, which are used for the prosperity

of the Indonesian people (Bakri, 2011). It is this Right to Control the State that is the

constitutional basis for the regulation of land bank bodies.

In the aspect of spatial planning, the condition of the discrepancy between

spatial planning and development has become a problem that has been often studied.

Development initially always starts with spatial planning and spatial planning should be

realized with a detailed map of the desired spatial planning concept. It often happens that

the development process does not begin with infrastructure mapping or detailed checks so

it often results in environmental disasters, or not optimal utilization of infrastructure that

has already been built. The conditions of differences in spatial plans with conditions in the

field are different due to differences in regulations and spatial data that overlap each other

in the policy implementation process and result in discrepancies in space utilization.

Government Regulation Number 21 concerning the Implementation of Spatial Planning

Irman Syahriar, Benhard Kurniawan Pasaribu, Dina Paramitha Hefni Putri, Khairunnisah /

JOSR: Journal of Social Research, 2(1), 44-50

Land Bank Agency in The Implementation of Land Acquisition for the Public

Interest in Indonesia 48

states that the plan for Space Utilization activities on Land Bank land mentioned in Article

138 paragraph (2) letter a requires continuity between spatial planning and land banks, it is

hoped that it will make land use suitable. The Land Bank, which is a land supply institution

for the acceleration of future development in its implementation, will experience obstacles

and problems if the current spatial planning rules do not improve. Land Bank in Indonesia

has challenges in the future, including:

1. priority interests that will take precedence between investment interests or

equitable economic interests in the provision and distribution of land;

2. factors of many interests and authorities between the land bank and the Minister of

Agrarian and Spatial Planning / BPN or the Head of the Land Office / Head of the

Land Area Office;

3. the hope of reducing the litigation in court due to consignment (objection to

compensation) of land acquisition for the public interest should be maximal

The Theory of Legal Expediency in the School of Utilitarianism provides an

assessment that states the purpose of the law is to be able to provide benefits (expediency)

to as many people as possible. Betham in her opinion explains and puts forward the most

objective basis by looking at whether a policy or action that has already been made brings

benefits or results that can be useful or vice versa those results can result in harm to the

people concerned. Land Bank has many benefits, one of the goals of land banks is to the

greatest prosperity for the people, many of the results of successful studies show that land

banks have a large role in improving the welfare of people in several developed countries,

such as the Netherlands and the United States. Supporting legal tools that can be in the

form of laws that specifically regulate land banks, then the implementation of land banks

in Indonesia will run according to their functions appropriately and effectively to obtain

large results. This condition will improve the welfare of each individual and society in

general and by the mandate of the constitution which aims to realize the greatest prosperity

of the Indonesian people.

The existence of a Land Bank is regulated in articles 125 to 135 of the Job

Creation Law (Tampi, 2022). The Land Bank is a specialized agency that manages the land,

and functions to carry out the planning, acquisition, procurement, management, utilization,

and distribution of land. In article 125 paragraph (4) of the Job Creation Law, it is written

that the function of the Land Bank is to carry out the planning, acquisition, procurement,

management, utilization, and distribution of land. Meanwhile, in Presidential Regulation

Number 47 of 2020 concerning the Ministry of Agrarian and Spatial Planning, article 5

states that one of the functions of the Ministry of ATR is land acquisition and land

development. Furthermore, the birth of Government Regulation Number 64 of 2021

concerning the Land Bank Agency, a land bank was formed as a special agency or special

institution which is expected to be one of the means to meet land needs effectively and

efficiently. The Land Bank is specialized as a form of the bank that functions as a price

controller on the land market share and guarantees the efficiency and rationality of land

prices, streamlines and guarantees that land values have prices that can be reached and can

be owned by all groups, and has a function to combine and collaborate between policies,

strategies, implementation, and evaluation in the land sector (Winati et al., 2022).

The issuance of government regulation Number 64 of 2021 concerning the

Land Bank Agency states that the Land Bank is a Sui Generis institution that has special

authority. The institutional structure of the Land Bank is regulated by the enactment of

Presidential Regulation Number 113 concerning the Structure and Implementation of Land

Banks in Indonesia. This regulation states that the structure of the Land Bank consists of

the Land Bank Committee, the Supervisory Board, and the Implementing Agency. The

Land Bank Committee consists of the Minister of Agrarian Affairs and Spatial

Planning/BPN, the Minister of Finance, and the Minister of Public Works and Public

Housing. The Supervisory Board consists of the Director General of Land Acquisition and

Land Development, and the Head of the Implementing Agency consists of Experts from

Irman Syahriar, Benhard Kurniawan Pasaribu, Dina Paramitha Hefni Putri, Khairunnisah /

JOSR: Journal of Social Research, 2(1), 44-50

Land Bank Agency in The Implementation of Land Acquisition for the Public

Interest in Indonesia 49

the Minister of Agrarian Affairs and Spatial Planning/Head of BPN for Agrarian Reform

Entrepreneurship Development Parman Nataadmaja. Deputy for Asset Management and

Land Acquisition is the former Director of Land Appraisal and Land Economics,

Perdananato Aribowo, and Deputy of Business Development and Finance Hakiki Sudrajat.

The establishment of the Land Bank is inseparable from the efforts of the

government that seeks to provide land for development and in the public interest so that the

land is not controlled by the land mafia who afflict the people. The Land Bank is indeed

not known in several regulations that were in force before the Job Creation Law. The

concept of a Land Bank is implemented by the Land Bank Agency by holding land as a

location for government development projects long before the implementation of

development in preparation for future development plans. Land needs have been available

long before development so that the land acquisition process does not experience obstacles

and the price that must be charged in the state budget does not become very expensive due

to the game of buying and selling land carried out by land speculators/mafia after the

development plan has been determined the location of the project. When viewed from the

function of the land bank to provide land for the public interest, previously a Government

Regulation Number 19 of 2021 concerning Land Acquisition for Development for Public

Interest has also been established. The Government Regulation gives the state the authority

to take rights to citizens' land through a compensation/compensation mechanism intended

for development in the public interest based on the Regional Spatial Plan and development

priorities listed in the Medium-Term Development Plan, Strategic Plan, Work Plan of the

Government/Agency concerned. The establishment of a Land Bank as a legal entity

representing the state carries out land reserves for state purposes.

According to Article 1 of Government Regulation Number 64 of 2021

concerning the Land Bank Agency, it will establish a land bank that functions as a special

agency (sui generis) to manage land in Indonesia. Full management of land assets that have

been controlled and aimed at realizing an equitable economy is the authority of the land

bank. Government asset land is different from state land, government asset land is land

controlled by Government agencies, both central and local governments. The initial capital

of the Land Bank in the form of an area of 25,000 ha of land that has been determined to

be the initial capital of the Land Bank has been prepared by the Ministry of Agrarian and

Spatial Planning / National Land Agency (ATR / BPN). The land will be reviewed for the

condition in the field. Data on land prepared for land bank capital is currently owned by

the Ministry of ATR / BPN. Site review is carried out to ensure the condition of the soil

and its utilization. Land managed by the Land Bank is used for public and social interests

with a minimum allocation of 30% for the agrarian reform program. Currently, there is

2,014 ha of land that has been controlled by the Land Bank (Winati et al., 2022).

The acquisition of Land Bank assets from the results of government

determinations is the acquisition at the time of carrying out functions in acquiring land. The

activity will obtain 2 (two) results, in the form of land determined by the government and

land from other parties. Government Regulation Number 64 of 2021 concerning the Land

Bank Agency in Article 7 (seven) explains that the land determined by the government

consists of:

a. land former rights;

b. abandoned areas and lands;

c. land release of forest areas;

d. embossed soil;

e. reclaimed land; Reclaimed land is reclaimed land that cannot be proposed by the

reclamation executor based on the provisions of laws and regulations.

f. ex-mine lands; What is meant by ex-mining land is post-mining land that is not

renewed under the provisions of laws and regulations.

Irman Syahriar, Benhard Kurniawan Pasaribu, Dina Paramitha Hefni Putri, Khairunnisah /

JOSR: Journal of Social Research, 2(1), 44-50

Land Bank Agency in The Implementation of Land Acquisition for the Public

Interest in Indonesia 50

g. land of small islands; land affected by spatial change policies; The land affected by

the change of government policy is land derived from the allocation of changes in the

designation of spatial areas. land for which there is no mastery on it.

CONCLUSION

The issuance of government regulation Number 64 of 2021 concerning the Land

Bank Agency states that the Land Bank is a Sui Generis institution that has special

authority. The institutional structure of the Land Bank is regulated by the enactment of

Presidential Regulation Number 113 concerning the Structure and Implementation of Land

Banks in Indonesia. Full management of land assets that have been controlled and aimed

at realizing an equitable economy is the authority of the land bank. Government asset land

is different from state land, government asset land is land controlled by Government

agencies, both central and local governments. Currently, there is an area of 25,000 ha of

land that has been determined to be the initial capital of the Land Bank and has been

prepared by the Ministry of Agrarian and Spatial Planning / National Land Agency (ATR

/ BPN). The land will be reviewed for the condition in the field. Data on land prepared for

land bank capital is currently owned by the Ministry of ATR / BPN. Site review is carried

out to ensure the condition of the soil and its utilization. Land managed by the Land Bank

is used for public and social interests with a minimum allocation of 30% for the agrarian

reform program. The suggestion in this study is that the Government needs to socialize the

existence of the Land Bank and the position of the Land Bank Agency to the community

to generate awareness, compliance, and acceptance of the people so that it is hoped that the

practices of land brokers/speculators and the availability of land for the public interest can

be fulfilled to realize national development for the welfare of the people. And in the

implementation of land acquisition for the public interest, it should be easier by adding

human resources to the Land Bank Agency, so that the procedures for both compensation

and inventory regarding land acquisition are easier.

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reforma agraria. Universitas Brawijaya Press.

Fajar, M., & Achmad, Y. (2010). Dualisme penelitian hukum normatif dan empiris.

Yogyakarta: Pustaka Pelajar.

Soekanto, S., & Mamudji, S. (2014). Penelitian Hukum Normatif Suatu Tinjauan

Singkat, cet. 16. Rajawali Pers, Jakarta.

Tampi, C. G. (2022). PEMBENTUKAN BANK TANAH BERDASARKAN

UNDANG-UNDANG NO 11 TAHUN 2020 DALAM RANGKA

MENJAMIN KESEJAHTERAAN MASYARAKAT. LEX CRIMEN, 10(11).

Winati, R., Hidayat, Y., & Lutfi, A. (2022). EKSISTENSI DAN PROSPEK

PENYELENGGARAAN BANK TANAH. Jurnal Magister Ilmu Hukum,

7(1), 25–40.

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