Hukum Agraria Indonesia Sebelum Berlakunya UUPA - Ricco Survival Yubaidi, SH, MKn, PhD (c)

1. International Program
Undergraduate Study Program in Law
Faculty of Law
Ricco Survival Yubaidi, SH, MKn, PhD (c)
Agrarian Law – B (HK-IP)

2. Background / Development of Agrarian Law
• Agrarian Law During Dutch Colonialism
• Agrarian Law After Independence
• Agrarian Law After UUPA / BAL
Page 2
MEETING CLASS – DAY 3, 4, 5
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

3. • Describe Agrarian Law After Independence
• Describe Agrarian Law after UUPA/BAL
• Find the main difference of Agrarian Law
during Dutch Colonialism, After
Independence, After UUPA/BAL
• Student will present the finding 10 minutes
on Friday, 18 March 2022
• After completion, will be continued with a
discussion session
Page 3
ASSIGNMENT
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

4. Page 4
DEVELOPMENT OF AGRARIAN
LAW IN INDONESIA
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)
1870 1945 1960

5. Page 5
AGRARIAN LAW AFTER
INDEPENDENCE (15 YEARS)
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)
1945 1960

6. CUSTOMARY LAW COLONIAL LAW
HAK MILIK ADAT EIGENDOM
ULAYAT OPSTAL
YASAN ERFPACHT
GOLONGAN GEBRUIK
Page 6
AGRARIAN LAW DUALISM
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

7. • All existing State bodies and regulations
(including regulations in the field of Agrarian
Law) are still valid as long as new ones have
not been enacted according to the 1945
Constitution.
• 80% of the Indonesian population at that
time worked in the agricultural sector, while
fertile agricultural land was controlled by a
handful of rulers and entrepreneurs
Page 7
ARTICLE II TRANSITIONAL
RULES OF 1945 CONSTITUTION
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

8. • Law Number 28 of 1956 concerning
Supervision of the Transfer of Rights to
Plantation Land
• Law Number 29 of 1956 concerning
Regulations and Actions Regarding Plantation
Land
• Law Number 1 of 1958 concerning the
Elimination of Partikelir Lands
• Law Number 7 of 1958 concerning the
Transfer of Agrarian Duties and Authorities
Page 8
GENERATED RULES
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

9. GOAL : Agrarian law with an Indonesian spirit.
• Yogya Committee (1948)
• Jakarta Agrarian Committee (1951)
• Suwahyo Committee (1955)
• Soenarjo Committee (1958)
• Soedjarwo Committee (1960)
Page 9
AGRARIAN COMMITTEE
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

10. In 1948 the capital of the State was in
Yogyakarta. Based on a Presidential Decree
dated May 21, 1948, the Yogyakarta Agrarian
Committee was formed, chaired by SARIMIN
REKSODIHARJO, serving as Head of the
Agrarian Section of the Ministry of Home
Affairs.
Page 10
YOGYA COMMITTEE
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

11. Page 11
YOGYA AGRARIAN COMMITTEE
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

12. • The release of the domain principle and the recognition of ulayat
rights
• The enactment of regulations that allow for strong individual
rights (property rights)
• Conduct an investigation into regulations in other countries to
determine whether foreigners can have property rights to land
• The establishment of the determination of the minimum area
of land for small farmers in order to obtain a decent life
• Determination of the maximum area of land ownership (10
hectares for Java area)
• The scheme of land rights in the form of property rights and
rights to vacant land from the State and small areas as well as
rights to other people's land called magersari rights
• Important land registration
Page 12
RESUME YOGYA COMMITTEE
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

13. • Make a two group, each group consists of 3 people
• Group A describe and telling more on Development
of Agrarian Law during Jakarta Agrarian Committee
(1951) and Suwahyo Committee (1955)
• Group B describe and telling more on Development
of Agrarian Law during Soenarjo Committee (1958)
and Soedjarwo Committee (1960)
• Student will present the finding 10-15 minutes on
Tuesday, 22 March 2022
• After completion, will be continued with a discussion
session
Page 13
ASSIGNMENT
Ricco Survival Yubaidi, S.H., M.Kn., Ph.D (c)

14. International Program
Undergraduate Study Program in Law
Faculty of Law
THANK YOU